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PROCEEDINGS OF THE BOARD OF COUNTY COMMISSIONERS

MONDAY, AUGUST 14, 1995

LAND-USE PLANNING MEETING

(#339 & #341)

The Board of County Commissioners met at 9:00 a.m. in regular session with John Barnett, Director of Planning. Chair Disney presided; Commissioners Clarke and Duvall were present. Also present were: Jerry White, Zoning Administrator; Carol Evans and Richael Michels, Planners I; Rob Helmick, Planner II; Rex Burns and Harry Lynam, Engineering; Jerry Blehm, Director, and Rich Grossmann and Doug Ryan, Environmental Health; John Pedas Code Enforcement Officer; and Jeannine Haag, Assistant County Attorney. Recording Clerk, S. Graves.

Chair Disney noted that the following are consent items and will not be discussed in detail unless requested by the Commissioners or members of the audience.

1. PRECISION MACHINED PRODUCTS SPECIAL REVIEW (#95-ZR0634):

NE 16-07-68; ONE HALF MILE SOUTH OF HIGHWAY 14 (EAST

MULBERRY) AND 1/4 MILE WEST OF INTERSTATE 25; 1.93 ACRES;

1 LOT; C-COMMERCIAL ZONING

This is a request for Special Review to allow development and operation of a machine shop specializing in the manufacture of high precision metal and plastic parts. Staff Findings include: 1) The proposed development is consistent with the County Zoning Resolution, Comprehensive Land Use Plan, and the Intergovernmental Agreement for the Fort Collins Urban Growth Area; 2) The proposal is harmonious with the surrounding neighborhood, and will have no impact on other uses or property values in the area; 3) The proposal will not impair the public health, welfare, prosperity, or safety; 4) No objections have been noted by any review agencies, including the Ft. Collins Planning Department.

The Staff/Urban Growth Area Review Board Recommendation of June 28, 1995 is for Approval of the Special Review, with the following conditions: 1) Except as modified by the following conditions, all development and use must be consistent with Zoning File Exhibit A (Application for Special Review dated April 18, 1995, with attached plans and information); 2) Property owner must participate in any organized property owners' group which is responsible for maintenance of the subdivision streets; 3) Building color shall be subdued (preferably earth tone), and include no garish trim or accent colors; 4) Identification signage shall be limited to a single sign of 90 square feet. On-premise directional signs shall be limited to two, shall not exceed 2 square feet each, and have no commercial content; 5) Prior to issuance of a building permit, applicant must provide the following: a) Evidence that Poudre Fire Authority has approved the Hazardous Materials Impact Analysis, and the plans for fire protection; b) Verification from the Colorado Department of Transportation that this development will not increase traffic to the extent that improvements must be made to the Frontage Road/Smithfield Drive intersection.

2. JURS MINOR RESIDENTIAL DEVELOPMENT CHANGE OF CONDITION

(#94-EX0580): NE 1/4 26-04-69; NORTHWEST CORNER OF COUNTY

ROAD 4E AND COUNTY ROAD 15; 160 ACRES; 2 LOTS; FA-1 FARMING

ZONING

This is a request to change the access location for the small lot to the western boundary of the site. Staff Findings are: 1) The proposed Jurs MRD meets the criteria established for Minor Residential Developments and the zoning minimum lot size requirements for the FA-1 Farming District. The request for an MRD was approved by the County Commissioners in March of 1995; 2) The proposed change in access, with certain conditions, should not result in any significant negative impacts on provision of services or transportation for these lots or for surrounding properties.

The Staff Recommendation is for Approval of the revised access location for the Jurs MRD, with the following conditions: 1) A copy of the access permit for the revised road location shall be submitted to the Planning Department. The Final Plat must provide a 40' access and utility easement along the southwestern boundary of Lot 1 up to the southern boundary of Lot 2. The Final Plat shall also provide an emergency access easement at the location of the field road (the easternmost road shown on the submitted sketch plan). Access road improvements shall be approved by the County Engineering Department prior to recording the Final Plat. (Note: This condition replaces condition #4 as contained in the Findings and Resolution concerning the Plat of Jurs Minor Residential Development, recorded on April 21, 1995 at Reception #95022570); 2) All other conditions, as contained in the original Findings and Resolution for this development, shall be met by the applicant prior to recording the Final Plat.

3. FOLLEY ARENA SPECIAL REVIEW (#95-ZR0602): S 1/2 06-09-68;

WEST SIDE OF COUNTY ROAD 11, NORTH OF COUNTY ROAD 72,

6 MILES NORTHWEST OF WELLINGTON; 9 ACRES; O-OPEN ZONING

This is a request to utilize 9 acres as a rodeo arena facility for jackpot team roping and pennings during April through October. Staff Findings include: 1) The subject property for the proposed Folley Arena Special Review is zoned O-Open. Permitted uses and uses by Special Review in the Open District are primarily of an agricultural nature and/or uses that require large land areas somewhat remote from residential development; 2) Riding academies and boarding stables are permitted by Special Review in the Open District. The proposed rodeo events at the Folley Arena are interpreted as fitting under those uses; 3) The property is designated as "Rural" by the Larimer County Land Use Plan. The proposed use is agricultural in nature and is compatible with existing uses in the area. The proposed use appears to meet the intent of the Comprehensive Plan; 4) Approval of the Folley Arena Special Review, with certain conditions, should not result in any significant negative impacts on surrounding properties, provision of services or transportation, or property values and will not impair the public health, safety or welfare.

The Staff/Planning Commission Recommendation of July 19, 1995 is for Approval of the Folley Arena Special Review, with the following conditions: 1) Unless otherwise modified by the following conditions, all development and use of the subject property, shall be consistent with Zoning File Exhibit A (Project Description - Folley Arena and project site plan). Failure to operate in compliance with the conditions of this Special Review may result in reconsideration of the Special Review by the Board of County Commissioners; 2) No overnight use, including parking or camping, is allowed; 3) All parking shall be on-site; no parking shall be permitted along the County Road; 4) Use of the announcing system shall be limited to calling events and making announcements related to the rodeo events. The system shall not be used for broadcasting music between events or during breaks. The operator shall monitor the volume of the announcing system so that noise does not exceed State statutory limits; 5) Light fixtures shall provide down-directed lighting with sharp cutoffs to reduce or eliminate glare and light-spill onto adjoining properties, including the County Road. Lights shall be equipped with baffles or fittings as necessary to eliminate glare and light-spill; 6) The operator shall be responsible for monitoring dust at the site and mitigating dust problems using the water truck and water available on site as necessary; 7) The applicant shall submit copies of the contracts that specify the details for trash pickup and for providing and servicing the chemical toilets; 8) The operator shall submit a report at the end of each year (to be submitted by December 31st of that year) that provides a summary of the activities that have taken place in the preceding operating season. The report shall include details on the number of days operated, number of events held, hours operated each session (including beginning and ending times) latest closing time and number of participants for each session. The report shall also indicate the number of non-commercial events that were held, providing the same details for those events as indicated above.

4. VALLEY BLOCK REZONING (#94-ZNO550): NW 1/4, 26-05-68; SOUTH

SIDE OF COUNTY ROAD 18, 3/4 MILE EAST OF INTERSTATE 25;

5 ACRES; 1 LOT; FA-FARMING ZONING

This is a request to rezone a 5-acre parcel from FA-Farming to I-Industrial to enlarge an outdoor storage area for an existing concrete block manufacturing business. Staff Findings are: 1) The current Valley Block property was rezoned to I-Industrial in 1966. This proposal is to rezone an adjacent 5 acres from FA-Farming to I-Industrial to expand the outdoor storage area. A boundary line adjustment would add the 5 acres to the existing Valley Block property; 2) The I-Industrial Zoning District permits outdoor storage as an accessory use to the existing manufacturing business; 3) Surrounding properties are agricultural in nature, with open fields to the south, west and east, and a hog farm operation to the southeast; 4) The Valley Block operation has appropriate air permits and is operating per permit conditions; 5) Approval of the proposed Valley Block Rezoning, with certain conditions, should not result in any significant negative impacts on area services, transportation, the natural environment or neighboring properties, nor should it impair the public health, safety or welfare.

The Staff Recommendation is for Approval of the rezoning from FA-Farming to I-Industrial, with the following conditions: 1) A Boundary Line Adjustment Agreement shall be completed and all required documents submitted; recording fees shall be paid by the applicant; 2) Building permits shall be required for each phase of the retaining wall construction. At the time of building permit application, the following items must be submitted: a) Erosion control plan that addresses erosion protection during phase construction to prevent silting of existing drainage pathway; b) Drainage plan and report; c) Structural engineer's site specific design for the entire retaining wall, as well as for the phase proposed for construction. Plans must include the engineer's professional stamp and signature; d) Landscaping plan for the phase being constructed, including details on irrigation of plant materials; 3) The access to County Road 18 must be revised to include a 50' minimum radius surfaced access to the west. Plans must be approved by County Engineering prior to construction. The applicant shall obtain appropriate permits for work in the County Road right-of-way; 4) A deed of dedication for 20' of additional right-of-way for County Road 18 along the frontage of the Valley Block property shall be required, along with a written legal description of the right-of-way; 5) Turnarounds adequate for emergency vehicle use must be provided in the new storage area with each phase of development. Turnarounds must be provided until such time as the road through the new storage area connects with the exiting roadway on the property. The applicant shall contact the Loveland Fire Prevention Bureau for inspection of the turnarounds to ensure that they are adequate; 6) Failure to maintain landscaping materials shall result in a building permit hold for any future phase of retaining wall construction until such time as the plant materials are replaced; 7) Larimer County shall not be responsible for the retaining wall design or the functionality of that wall when constructed; 8) Unless otherwise modified by the above conditions, use of the storage area must be in accordance with Zoning File Exhibit A (Project Narrative, site plan, landscaping plan, grading and drainage plan).

5. SCOTT RIGHT-OF-WAY VACATION (#95-0S0730): 21-05-69; SOUTH

OF WEST FIRST STREET AT THE END OF NAMAQUA ROAD;

FA-FARMING ZONING

This is a request to vacate unused portions of a dedicated public right-of-way (unplatted). Staff Findings include: 1) The application has been referred to all utility providers, County Engineering and the County Health Department. None of these agencies have identified any conflicts with the request, except as noted in the outlined major concerns and issues; 2) There have been no other conflicts identified with the proposal; 3) The area proposed for vacation is unused and unneeded at this time; 4) There are other means of access existing and available to nearby properties; 5) Comments from PSCo identify the need to retain this area as an utility easement.

The Staff Recommendation is for the Board to approve the Scott right-of-way vacation, with the conditions that the right-of-way vacated continue as an utility easement, a licensed surveyor prepare a legal description, and the applicant complete an add-on agreement after approval.

M O T I O N

Commissioner Clarke moved that the Board adopt the Staff Findings and the Staff/Planning Commission and Urban Growth Area Review Board Recommendations and approve the Precision Machined Products Special Review (#95-ZR0634); Jurs Minor Residential Development Change of Condition (#94-EX0580); Folley Arena Special Review (#95-ZR0602); Valley Block Rezoning (#94-ZN0550); and the Scott Right-of-Way Vacation (#95-0S0730); each, with the conditions as outlined.

Motion carried 3 - 0.

6. WOOD MINOR RESIDENTIAL DEVELOPMENT APPEAL (#95-EX0729):

SW 12-08-69; WEST SIDE OF COUNTY ROAD 15 AND 1/8 MILE NORTH

OF THE JUNCTION OF COUNTY ROAD 15 AND STATE HIGHWAY 1;

59.36 ACRES; 3 LOTS; O-OPEN ZONING

This is a request for an Appeal of the Minor Residential Development criteria to allow a MRD application to be processed for 3 lots (instead of 2) on land divided since 1972. Ms. Michels described the project and reviewed the major concerns and issues. The Staff Findings are: 1) The Minor Residential Development Regulations were amended in 1993 by the Board of County Commissioners to allow applications for MRD's to be processed for only 2 lots; 2) Approval of this appeal would set a precedent for further MRD appeals for more than 2 lots; 3) Denial of this appeal will not prevent the applicants from applying for a subdivision; 4) Denial of this appeal will give the Planning Commission the opportunity to review this proposal and its impacts. The Staff Recommendation is for Denial of the Appeal of the Minor Residential Development Regulations submitted by Robert and Betty Wood.

Applicant Betty Wood reviewed the history of the property and noted it has been in the family since 1926; she addressed the road accesses on the property and stated that their MRD proposal is compatible with the surrounding development in the area. Ms. Wood informed the Board that their plan is to have the agriculture land remain in agriculture, maintain the grasslands on all the parcels, protect the wildlife habitat around the pond; she noted that the division of the land into 3 parcels was determined according to irrigation water sources. Ms. Wood submitted copies of a soils interpretation report from the ASC Office indicating that the ground is suitable for septics and she noted they have had two septic systems on the property since 1957 and have had no problems; she also advised the Board that the property is not in the flood plain. Questions were raised by the Board regarding access, preservation of the existing grasslands, cumulative effect, precedent setting, provision of protective covenants, etc. Mr. Barnett noted that the existing zoning would permit division of the property up to 6 parcels; he suggested that one possibility for the Board to consider, since the division request is below what zoning allows and it appears the technical issues can be resolved, would be to condition the appeal to have the Planning Commission review the proposal and make a specific recommendation before it comes back to the Board with a request for final approval.

M O T I O N

Commissioner Clarke moved that the Board of County Commissioners approve the Wood Minor Residential Development Appeal (#95-EX0729), with the added condition that this proposal be reviewed by the Planning Commission and their recommendation be forwarded to the Board of County Commissioners with a request for final approval of the Wood MRD.

Motion carried 3 - 0.

7. O'DONNELL MINOR RESIDENTIAL DEVELOPMENT (#94-EX0639):

NW 1/4 25-05-71; SOUTH SIDE OF COUNTY ROAD 18E, ONE MILE

NORTHWEST OF PINEWOOD LAKE; 9.8 ACRES; 2 LOTS; O-OPEN

ZONING

This is a request to divide 9.876 acres into two lots of 4.93 acres both with existing dwellings. Ms. Evans noted that the applicant agrees with all the conditions for approval except the condition requiring the installation of a minimum 3000 gallon water storage tank for fire protection purposes, which he wishes to discuss with the Board today. Ms. Evans stated this condition has been recommended by the Larimer County Sheriff's Department; as they would be the fire-response agency in this area.. Staff Findings include: 1) The proposed O'Donnell MRD is consistent with the existing character of the area, the Comprehensive Plan, the Comprehensive Zoning Resolution, and the requirements of the Subdivision Resolution regarding Minor Residential Developments; 2) Approval of the O'Donnell MRS, with certain conditions, should not result in any significant impacts on surrounding properties, the natural environment, or the provision of services and transportation. The Staff Recommendation is for Approval of the O'Donnell MRD, with nine conditions.

Applicant Terry O'Donnell addressed the Board and identified the following water sources on or near their property: two separate well systems, two additional pumps, a year-round creek from which to extract water, a big holding pond on a nearby property, a 1500-gallon water storage tank, and he noted they are a mile from the Pinewood Reservoir. Mr. O'Donnell informed the Board that they do not currently have an agreement with Loveland for fire protection and, if there is a fire and Loveland is busy, then Fort Collins would need to respond and it would take at least 30 to 40 minutes to get to the site. Discussion and questions from the Board followed; Commissioner Duvall asked Ms. Evans if the Larimer County Sheriff's Department has visited the site and been made aware of all the water sources on the property. Ms. Evans responded that an inspection of the site was not made, but she was advised by the Sheriff's Department that the condition for the 3000 gallon water storage tank was included as required in the Water, Sewer and Fire Safety Standards Manual.

M O T I O N

Commissioner Duvall moved that the Board adopt the Staff Findings and Staff Recommendation and approve the O'Donnell Minor Residential Development, with all conditions as recommended by Staff.

Motion failed 1 -2; Chair Disney and Commissioner Clarke dissenting.

M O T I O N

Commissioner Clarke moved that the Board table the O'Donnell Minor Residential Development until Monday, August 28, 1995 to allow time for the Sheriff's Department to conduct an on-site inspection of the property to determine if a variance from the standards should be allowed.

Motion carried 2 - 1; Commissioner Duvall dissenting.

8. KELSEY LAKE DIAMOND EXPANSION SR (#95-ZR0603): SECTIONS

19 & 20-12-72; 4 MILES WEST OF U.S. HIGHWAY 287 AT THE WYOMING

STATE LINE; 811.9 ACRES; O-OPEN ZONING

This is a request to amend the existing Special Review to allow relocation of the processing operation and to increase the annual amount excavated from 100,000 tons to 275,000 tons for 4-6 year period. Mr. Helmick submitted a map and photos of the site, reviewed the major concerns and issues, and showed a video of the site visit made in March of this year. Staff Findings are: 1) The proposal complies with the intent and purpose of the Zoning Resolution; 2) The proposal is consistent with the intent and purpose of the Larimer County Comprehensive Plan; 3) The proposal is in harmony with the surrounding area; concerns raised by nearby property owners regarding dust and stream impacts have adequately been addressed by the applicant; 4) No information has been provided or identified which would indicate any significant effect on the surrounding area; 5) Due to the size of the permit area, and current limited scale of the mine, there will be no impact on surrounding property values; 6) The applicant has complied with all other governmental recommendations, and has either obtained or will obtain all necessary permits; 7) There is nothing in the record which would indicate that this would impact or impair public health, safety and welfare resulting from traffic, sanitation, or environmental impact.

The Staff/Planning Commission Recommendation of June 21, 1995 is for Approval of the Kelsey Lake Diamond Mine Special Review, subject to the following conditions: 1) Applicant will conduct mining and reclamation operations as proposed and described in the materials submitted for review, Special Review Permit Book and Technical Addendum, except as modified by the conditions; 2) Applicant will comply with all other commitments of record and in the file; 3) Applicant will either have an approved augmentation plan or a temporary substitute water supply plan prior to mining and maintained in place at all times; 4) Applicant will obtain the Air Pollution Emission permit modification prior to mining; 5) Applicant will obtain necessary wetlands permit from the Army Corps of Engineers prior to mining; 6) Applicant will modify the spill containment plan to use approved materials, no straw, as recommended by the Health Department; 7) Applicant will submit final plans for the water tank to be reviewed and approved prior to construction, to insure it is not visible from the surrounding area; 8) Approval of this Phase II does not imply acceptance of further expansion.

Howard Coopersmith, Geologist and President of Diamond Company NL, reviewed the history of the mining on this site and explained their operation; he noted this is a rare mining site and the kimberlite pipes found at this site are exceedingly rare. Mr. Coopersmith informed the Board that the company has been, and will continue to be, a good neighbor in Larimer County and they have used local labor and contractors and suppliers and are on good terms with the adjacent ranchers; he noted that over 20 letters in support of this operation have been received from neighbors and no objections have been received. Mike Applegate, Engineer for Diamond Company NL, presented a large volume of permits which have been obtained over the years and noted there have been no violations of any of their existing permits. Mr. Applegate described the operation in detail for the Board.

Commissioner Duvall noted for the record that several months ago Mr. Coopersmith and Mr. Strom spoke to her individually about this proposal; Chair Disney and Commissioner Clarke stated that they also have had visits with them. Commissioner Duvall asked what happens when this operation becomes a full-scale production facility, which is tentatively planned for 1996; Mr. Coopersmith responded that he anticipates that expansion of the operation would not look much different than what is being proposed today.

At this time the hearing was opened for citizen comment: Moby Wile, Director of Citizens Against Ridgeline Development, stated that Larimer County regulations provide little or no basis for challenging this application and it points out that commercial and residential land uses in rural Larimer County are on a collision course and the county is not prepared to deal with them fairly under the present regulations and guidelines. Katherine Stowe, participant in the Larimer County Land Use Symposia and the 35-acre development issue, stated that many 35-acre parcels are being developed in this area and most of those owners have no idea about this operation and proposal and, if the operation goes forward as proposed, those people are going to be very upset about it; she noted that people are not being informed when they buy properties in this area. Ms. Stowe also expressed concern about kimberlite run-off and reseeding of the stock piles to be visually less obtrusive. Mr. Coopersmith responded to the concerns raised by stating that they have very few neighbors and the ones they do have do not object to the operation; as for the spreading of kimberlite, this is beneficial to the land and will enhance the landscape; and he noted that the temporary and permanent stock piles are all seeded to keep dust down and are and will be reclaimed. Mr. Applegate addressed the concern of noise and stated it has never been a problem.

At this time, the public portion of the hearing was closed and discussion of the Board followed: Commissioner Clarke reiterated that any approval that might be granted today is only for what is being proposed today and, in his opinion, the proposal will have minimal impact as it is in a sparsely populated area. Commissioner Duvall is concerned about wetlands and reclamation, but she noted she is not sympathetic to persons building on 35-acre parcels without county review as she thinks that is more destructive to Larimer County than this mine could ever be; she stated she was concerned about the future expansion of the operation, but has been assured that even if it is commercially successful, it is still going to be a small scale operation. Chair Disney reiterated that he also is not sympathetic to buyers of 35-acre tracts who build without county review. The Board discussed the potential for future applications and what the general scope of the impacts to the site would be.

M O T I O N

Commissioner Duvall moved that the Board adopt the Staff Findings and Staff/Planning Commissioner Recommendations, subject to the conditions as outlined, and approve the Kelsey Lake Diamond Expansion SR (#95-ZR0603).

Motion carried 3 - 0.

9. AULT (KLEEBERG) WRECKING YARD VIOLATION: 9929 NORTH

COUNTY ROAD 7, WELLINGTON

This alleged violation is for storing inoperable/unlicensed/wrecked vehicles in the O-Open District and expanding a vehicle salvage operation in the O-Open Zoning District without Special Review. Mr. Pedas provided the background information and noted that this matter was heard and tabled by the Board on June 26, 1995 to allow time for staff to obtain additional information relative to the use of this property on October 7, 1991 so it can be determined whether the current use is more intense than the use on that date. Mr. Pedas reported he has contacted two of the previous owners of the property and they both indicated that the land in question was previously used for livestock pasture and had never been used for vehicle storage. Staff Findings include: 1) The subject property is zoned O-Open District; 2) The O-Open District requires Special Review approval for auto salvage or junk yards; 3) Continued use of the property inconsistent with the zoning will affect property values in the neighborhood. The Staff Recommendation is to find that a violation exists, require compliance within 30 days, and authorize legal action if the deadline is not met.

Debra Sweetman, attorney for the property owner, requested the names of the two previous property owners who were consulted; Mr. Pedas responded that they were Don Ault and Karen Cox. Ms. Sweetman informed the Board that Mr. Kleeberg has filed lawsuit against Mr. Ault and that judgment has been entered in Mr. Kleeberg's favor which has resulted in Mr. Ault being extremely unhappy with the situation and speaks against his credibility regarding this matter. Ms. Sweetman further added that Ms. Cox has stated that the reason they sold this property was for the purpose of building a home; however, it is impossible to use this property to build a home or any structure as no building permit can be issued. Ms. Sweetman noted that when Mr. Kleeberg purchased the property, he made an inspection of the property and there were stored vehicles on the property; with respect to the land being used for pasture purposes, Ms. Sweetman noted that there is no water on these five acres and is not enough to support one animal unit. Ms. Sweetman stated that if this use of this land is eliminated, there is no use remaining for this property. Ms. Sweetman summarized by stating that there were vehicles stored on this property previously, there has been no expansion of use and no violation exists, and, therefore, the operation should be allowed to continue. Chair Disney requested some documentation of proof that this use existed previously; Ms. Sweetman responded that it is just Mr. Kleeberg's word that this use existed. Karen Cox, who has lived east of the main salvage yard since 1968, addressed the Board and stated that vehicle storage has always been confined to the east of the railroad tracks; she noted that when they owned this property they planted grass, hauled water to this site, and it was used for pasture. She stated that there have never been vehicles, trucks, busses, etc. stored on this property. Further questions and discussion from the Board followed.

M O T I O N

Commissioner Clarke moved that the Board adopt the Staff Findings and Staff Recommendation and find that a violation exists, require compliance within 30 days, and authorize legal action if the deadline is not met.

Motion carried 3 - 0.

10. BIGHAM BUILDING/SETBACK VIOLATION: 10737 COUNTY ROAD 43,

GLENHAVEN, COLORADO.

This alleged violation is for building a shop building (structure) on a lot without first obtaining a building permit and building a shop 9" from the property line (at grade) over the property line at the first floor level cantilever. Mr. Pedas provided the background information, reviewed the major concerns and issues, and submitted photos of the structure and site. As asked by the Board, Mr. Pedas answered that compliance would require that either the property line be expanded so the property line is 5' from the building or to remove that portion of the building that encroaches within that 5'. Staff Findings are: 1) The subject property is zoned O-Open District; 2) The minimum side yard setback is 5 feet in the O-Open District; 3) A shop/storage building (15'5 X 24'0") was built without a permit, less than the minimum setback requirements; 4) The location of the building and the style of construction extends over the adjacent property line; 5) The encroachment of the building on the adjacent property may affect the property value; 6) The Board of Adjustment denied the property owners request for a setback variance. The Staff Recommendation is to find that a violation exists, require compliance within 30 days, and authorize legal action if the compliance deadline is not met.

Jim Bigham addressed the Board and stated for the record that he has tried to purchase 2,500 square feet of ground for $5,000 to alleviate this problem; however, the requirement from the attorneys for additional payment of surveying costs, attorney fees, etc. amount to $7,300, as well as other stipulations required, are more than he is willing to abide by or pay. George and Cleo Wild stated that they do not want to sell this portion of their property because it is the access to their property; they discussed the situation and explained the pictures in detail at the podium with the Board. Questions from the Board and much discussion followed; the Board indicated that clearly a violation does exist.

Commissioner Duvall recommended to Mr. Bigham that he accept the offer made by Mr. and Mrs. Wild's attorney and settle the matter.

M O T I O N

Commissioner Clarke moved that the Board of County Commissioners adopt the Staff Findings and Staff Recommendation and find that a violation exists, require compliance within 30 days, and authorize legal action if the compliance deadline is not met.

Motion carried 3 - 0.

M O T I O N

Commissioner Clarke moved that the Board go into Executive Session at 12:30 p.m. with Assistant County Attorney Jeannine Haag to discuss a personnel matter.

Motion carried 3 - 0.

The Board came out of Executive Session at 12:35 p.m.; no action taken.










TUESDAY, AUGUST 15, 1995

STANDING MEETING WITH REX SMITH

DIRECTOR OF PUBLIC WORKS

(#337)

The Board of County Commissioners met at 9:30 a.m. in regular session with Rex Smith, Director of Public Works. Chair Pro Tem Clarke presided; Commissioner Duvall was present. Commissioner Disney was absent. Also present were: Joe Temple, Public Works Project Engineer; and Frank Lancaster, County Manager. Recording Clerk, A. Jensen.

1. Update on recent hearings regarding the Transportation Plan: Mr. Smith distributed booklets which were given out at the public hearings regarding the Transportation Plan. It was noted by Mr. Smith that these meetings were held in Wellington, Loveland, Berthoud and Fort Collins with a total of 21 attendees at all four locations. Mr. Smith summarized the presentation made at each of the hearings. The next step, as stated by Mr. Smith, is to summarize the public input, prioritize the projects listed in the Transportation Plan and then present the information to the Commissioners for final approval. Chair Pro Tem Clarke inquired of Mr. Smith as to how this will fit into PLUS. Discussion followed with respect to how and when to integrate the Transportation Plan into the PLUS system and how the Transportation Plan is adaptable. Chair Pro Tem Clarke stated he is pleased that this is on track and will be completed shortly. Mr. Smith also stated that transit issues are not a part of this handout, but will incorporated at a later date. A brief discussion ensued regarding the lack of public participation at the Transportation Plan hearings and how to reach a larger segment of the population.

2. Update on Centennial Drive: Mr. Smith asked Mr. Temple to give the Commissioners an update on the Centennial Drive project. Construction for this project began July 31, 1995 and is scheduled to be completed within 70 working days, which will be November 6, 1995 if there are no days off for inclement weather. Mr. Temple also reported problems involving traffic control and stock piling of recycled asphalt. It was noted the area where recycled asphalt was piled will be re-vegetated and returned to it's natural state. Discussion followed regarding the need for the contractor to locate a trailer in the area of this project to prevent vandalism. Mr. Smith stated he will consider providing a staging area for contractors in the future.

3. Discussion of road issues with Hoffman PUD: Chair Pro Tem Clarke highlighted aspects of the Hoffman PUD for the Board: development has been annexed by the City of Fort Collins, and surrounding area and residents are located in Larimer County. Concerned citizens have contacted Commissioner Duvall regarding the amount of traffic that will be generated from this development and the density of the Hoffman PUD relative to the properties located nearby in the County. Much discussion ensued regarding the impact City of Fort Collins developments have on County road systems as well as the City of Fort Collins fee structure for these developments. Mr. Smith reported he will be meeting with the City of Loveland regarding impacts of city developments on County roads and will report to the Commissioners. The Board directed Mr. Smith to give them recommendations regarding how they might address city impacts on county roads. Chair Pro Tem Clarke stated that the Commissioners need to discuss this issue with the Fort Collins City Council. Mr. Lancaster will compose a letter highlighting the Commissioners concern to be submitted to the City Council.

The meeting adjourned at 10:10 a.m.

M O T I O N

Commissioner Duvall moved that the Board go into Executive Session to discuss a personnel issue.

Motion carried 2 - 0.

Executive Session adjourned at 11:10 a.m.; no action taken.

WEDNESDAY, AUGUST 16, 1995

ADMINISTRATIVE MATTERS

(#338 & #342)

The Board of County Commissioners met at 9:00 a.m. in regular session with Frank Lancaster, County Manager. Chair Disney presided; Commissioners Clarke and Duvall were present. Also present were: Russ Legg, Chief Planner; Dr. Keith Olson, Director Mental Health; and Donna Hart, Assistant to the County Manager. Recording Clerk, S. Graves.

1. PUBLIC COMMENT OPEN SESSION: Nordin Zeidner stated that several years ago he helped form the Northeast Coalition and they obtained over 1200 signatures imploring the County Commissioners to review the Intergovernmental Agreement (IGA) between the City of Fort Collins and Larimer County; he expressed his disappointment that this request has gone unheeded, but he realizes they made a mistake including the word moratorium in the petition. Mr. Zeidner stated that the Coalition requested the UGA boundary be re-evaluated to include a designation of sub-urban or a rural non-farm area to create a transition zone from the high density of planned unit developments (PUD) into the rural non-farm areas of the County; he noted that they wanted this area developed according to county guidelines rather than city guidelines. Mr. Zeidner informed the Board that there are two PUD's proposed for this area and, if approved, they will have a tremendous impact and be incompatible with their established neighborhood which has existed for 25-30 years and is basically rural non-farm with 5 to 10 acre tracts and small county roads. Mr. Zeidner stated that the Coalition wanted to help the County develop a land-use plan for the northeast area and revise the IGA giving the County more control.

Chair Disney informed Mr. Zeidner that Larimer County is a statutory county and receives its powers from the State and the powers the County has over the City to regulate or have much effect on city annexations is almost non-existent; he noted this is a concern and they are working on legislation to create more of a balance between the two. Chair Disney also informed Mr. Zeidner that Fort Collins is in the process of updating their Comprehensive Land-Use Plan and Larimer County is in the process of developing a brand new land-use system for the County (Partnership Land Use System) which will include the Comprehensive Land-Use Plan, Intergovernmental Agreements, and other policy documents. Chair Disney noted that the Board is meeting with the City of Fort Collins on August 24, 1995 at 5:30 p.m. and he invited Mr. Zeidner to attend, as the IGA and Comprehensive Plans will be discussed; Mr. Zeidner suggested to the Board that maybe a moratorium on development could be imposed until the two land-use plans are in effect. Commissioner Duvall stated that the Board shares Mr. Zeidner's concern about the roads and that during a meeting yesterday with Rex Smith, Director of Public Works, they asked him to give the Board some recommendations regarding how they can address the impacts on the county roads in this area. Commissioner Clarke stated that there is currently some urban density in this area and he thinks what is happening is a natural growth from Fort Collins to the north.

Tom Bender, who discussed several matters of concern with the Board during last weeks' open session, returned today with a letter expressing appreciation to the Board for the information related to him of the actions the Board is taking to provide positive support significant to the maintenance of viable, sustainable agriculture in Larimer County, and requesting they write a letter to all the Colorado Congressional members encouraging them to participate in and support positive, meaningful reform of the Endangered Species Act, Clean Water Act, federal wetlands regulations, and to develop a viable, cost effective 1995 Farm Bill. Mr. Bender advised Commissioner Clarke that he and the Farm Bureau Board of Directors reviewed the "Code of West" and thought it was very good. Mr. Bender also commented on the problem of the shortage of affordable housing in Larimer County and he wondered about using local labor for farm labor, such as persons on welfare, students, etc. Commissioner Duvall responded that the Farm Bureau is the perfect agency to work on that possibility; Mr. Bender stated that he will discuss this with the Board at their next meeting.

2. ENVIRONMENTAL ADVISORY BOARD AWARDS: Mr. Bill Miller, Member of the Environmental Advisory Board, provided the background for the Environmental Advisory Board 1995 Stewardship Awards and noted that the awards are being given to four individuals who collaborated on a significant project which is transforming the WREN gravel pit on the edge of the Environmental Learning Center into a living wetlands and re-creating historic conditions along the Poudre River. The Board presented plaques to Robert Wilkinson and Doug Gladwin, two recipients of the award; Mike Sheahan and Jeff Lakey were not present to receive their awards in person. A separate Stewardship Award was presented to Merrill Kaufmann for defensible space efforts undertaken by him to protect his home in Cedar Park from forest fires, which proved completely effective when two years ago fires raged around the Kaufmann home and it remained safe.

3. UPDATE ON CABLE TV: Mr. Legg reported that on August 22, 1995 he will be meeting with the Board to bring in the final proposals on the cable TV system, which will include a final agreed-upon-package with the City of Fort Collins, cost estimate for the equipment, operational guidelines including the type of programs that will be on the system, and a request for the Board to approve the documents. Mr. Legg noted that if approval is granted next week, depending on delivery dates and shipments, they could be on the air by the end of October or first of November. Mr. Legg stated that the Board might want to consider the possibility of setting up a county-staffed cable committee to review the videos to insure quality level. The Board thanked Mr. Legg for all his hard work and effort in bringing about the televising of county meetings.

4. RESOLUTION SUPPORTING COMMUNITIES IN SCHOOLS AND AUTHORIZATION FOR USE OF FUND BALANCES TO FUND ADDITIONAL STAFF FOR THE CIS PROGRAM FOR THE 1995-96 SCHOOL YEAR: Commissioner Duvall read aloud the Resolution Supporting Communities in Schools and recommended the Board accept the recommendations from the CIS County Task Force authorizing the expenditure of general fund and fund balances in Social Services and Mental Health to fund additional staff for the CIS Program for the 1995-96 School Year.

M O T I O N

Commissioner Duvall moved that the Board approve the Resolution Supporting the Communities in Schools Program, and authorize the Chair to sign same.

Motion carried 3 - 0.

R95-121g RESOLUTION SUPPORTING COMMUNITIES IN SCHOOLS

PROGRAM

M O T I O N

Commissioner Clarke moved that the Board of County Commissioners accept recommendations #1 through #6, as made by the Community in Schools Task Force, authorizing the expenditure of general fund and fund balances from Social Services and Mental Health to fund additional staff for the CIS Program for the 1995-96 School Year.

Motion carried 3 - 0.

5. JACKSON COUNTY INCINERATION PROPOSAL: Mr. Lancaster informed the Board that Jackson County is petitioning the Air Quality Control Commission to remove monitoring requirements for all small trash incinerators. Mr. Lancaster stated that a hearing on this matter will be held tomorrow evening before the Colorado Air Quality Control Commission in Denver and Larimer County has been requested to submit a letter of opposition to the lowering of the current standards; he noted that, if this exemption is granted, it would be a statewide policy for smaller counties. As requested by the Board, Mr. Lancaster offered his opinion that the best option for Jackson County is to have a transfer station and haul to a nearby larger landfill; he noted that small incinerators don't burn trash very well and create air pollution. After much discussion of various options, the Board decided to offer Jackson County a positive alternative by offering to waive trash hauling fees at the Larimer County Landfill; it was noted that the amount of trash generated in Jackson County would be approximately ten tons per day which could be hauled in one trash truck. The Board contacted Janelle Henderson, Director Natural Resources to see if this offer would create a problem; she came to the meeting and concurred with the Board's suggestion and she agreed to go to the hearing in Denver to represent Larimer County's position of opposition to the removal of monitoring requirements on small incinerators. It was pointed out that this gesture of goodwill will also benefit Larimer County citizens as well, because the incineration of trash in Jackson County could have a detrimental effect on the air quality in Larimer County. Chair Disney will contact Jackson County and make this goodwill offer and propose an Intergovernmental Agreement be signed by both parties stating that landfill fees will be waived for up to ten tons per day.

6. WORKSESSION:

-- Items for Next Weeks Standing Meetings and Policy Worksession: Mr. Lancaster reviewed the agenda items for next weeks standing meetings and policy worksession and asked the Board for additional suggestions of items to be placed on the agendas.

7. COMMISSIONER REPORTS:

-- Commissioner Duvall noted that on December 13, 1994, the Board was requested by representatives of the Hidden Springs Subdivision to abandon a right-of-way across the hogback off Trilby Road; since that time, a huge scar has been created on the mountain. Commissioner Duvall has drafted a letter to the President of the Hidden Springs Homeowners Association, which she read aloud, and asked her fellow Commissioners if they wish to sign the letter also; the letter stated that the County Commissioners in good faith honored the request to abandon the county right-of-way and homeowners have violated that trust by creating this very visual scar. The letter requested the Homeowner's Association to: 1) Immediately establish covenants to protect wildlife habitat and prevent visual scarring; and, 2) Require the property owners (Mr. & Mrs. Dennis White) to revegetate or in some manner mitigate the unsightly visual scarring they have created. The Board concurred with the letter and agreed that the three Commissioners will sign it.

-- Commissioner Clarke reported on his meeting with Judge Nelson last week and noted they had a great visit; he informed the Board that after the first of September, Judge Nelson will begin issuing fines to those persons violating the law by selling tobacco to underage youth.

-- Commissioner Clarke reported that the regional planning group will be meeting again next Wednesday in Wellington; he noted that his assignment from the last meeting was to talk to Weld County about helping to fund the full-time planner which the group wants to hire. The City of Greeley has offered the office space and supervision of that person but have taken the position that it is up to the others in the group to fund the position. Commissioner Clarke asked for the Board's reaction to not having Weld County involved; he noted that Weld County felt that existing staff could work on the plan. As the plan is already developed, Chair Disney suggested that possibly existing staff from all the entities might work together to implement the plan; however, he noted that someone will need to take the lead. Commissioner Duvall noted that a meeting was held last week on the Kellogg Grant concept with the City of Fort Collins, CSU, State, etc.; the meeting was focusing on what can be done to help keep agriculture alive and well in Larimer County and the regional plan was brought up. Commissioner Duvall stated that originally the idea was to have Kellogg help them fund people to implement some kind of northern regional plan; she suggested the possibility of obtaining outside funding to help create this vision to have a new urban interface working together to support each other.

-- Commissioner Clarke reported on the CCI Tax and Finance Committee Meeting he attended last week and he informed the Board that the date for the State and Local Tax Policy Conference has been set for October 5 and 6, 1995.

-- Chair Disney reported he received a letter from the State of Colorado, Department of Transportation notifying him that his name was selected in the random drawing for "Bike Week" prizes; he received a gift certificate for a complimentary two night stay at the Antlers in Vail.

8. DOCUMENT REVIEW:

M O T I O N

Commissioner Duvall moved that the Board approve the Minutes for the week of August 7, 1995, as submitted and amended.

Motion carried 3 - 0.

M O T I O N

Commissioner Clarke moved that the Board approve the Schedule for the week of August 21, 1995.

Motion carried 3 - 0.

M O T I O N

Commissioner Duvall moved that the Board approve the Consent Agenda as listed on Document Review for August 16, 1995.

MISCELLANEOUS DOCUMENTS: Carriage Hills Amended Plat; Jurs MRD Amended Plat; and Saulcy Minor Residential Development Plat. LIQUOR LICENSES: Licenses were issued to: Nightingales - 6% WITH EXTENDED HOURS - Fort Collins, CO.; Change of Ownership for Irvin Family Partnership dba Wind River Ranch - 6% - Estes Park, CO.; and 3.2% SPECIAL EVENTS PERMIT for the State Board of Agriculture for Colorado State University on September 2, 1995 from 9 a.m. until 6 p.m. at the Hughes Stadium Parking Lot - Fort Collins, CO. County Approval was granted to Sparks General Store - 3.2% Renewal - Fort Collins, CO.

A95-94 SUBDIVISION IMPROVEMENT AGREEMENT BETWEEN THE

BOARD OF COUNTY COMMISSIONERS AND MARTIN W. AND

BRENDA L. GLOMB (Escrow Agreement for Necessary Improvements

under the Subdivision Improvement Agreement)

C95-43 CONTRACT BETWEEN THE BOARD OF COUNTY

COMMISSIONERS AND ROLLER AND ASSOCIATES, INC.

(Completion of Auctioneering Services - Sale No. S95)

C95-44 CONTRACT BETWEEN THE BOARD OF COUNTY

COMMISSIONERS AND MOUNTAIN CONSTRUCTORS, INC.

OF PLATTEVILLE (Construction at Colony Ridge Local

Improvement District)

R95-122g RESOLUTION CREATING A LOCAL EMERGENCY PLANNING

COMMITTEE FOR LARIMER COUNTY

Motion carried 3 - 0.

9. LEGAL MATTERS:

At this time, Assistant County Attorney Jeannine Haag, Human Resources Director Ralph Jacobs, and Facilities Manager Dick Anderson joined the meeting for Legal Matters.












M O T I O N

Commissioner Clarke moved that the Board go into Executive Session at 11:10 a.m. to discuss a personnel matter and on-going litigation.

Motion carried 3 - 0.

The Executive Session ended at 12:15 p.m.; no action taken.



______________________________________

JIM DISNEY, CHAIR

BOARD OF COUNTY COMMISSIONERS

( S E A L )

ATTEST:


_______________________________________

Sherry E. Graves, Deputy County Clerk


_______________________________________

Aimee Jensen, Deputy County Clerk

August 16, 1995

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