PROCEEDINGS OF THE BOARD OF COUNTY COMMISSIONERS

MONDAY, JULY 22, 1996

LAND-USE PLANNING MEETING

(#63, #64 & #65)

The Board of County Commissioners met at 3:00 p.m. in regular session with Director of Planning Larry Timm. Chair Clarke presided and Commissioner Disney was present; Commissioner Duvall is out of town this week. Also present were: Richael Michels and Carol Evans, Planners I; Al Kadera, Subdivision Administrator; Rob Helmick, Planner I; Russ Legg, Chief Planner; Doug Ryan, Environmental Health Planner; Rep. Bill Jerke; Members of the 35-Acre Task Force; and Jeannine Haag, Assistant County Attorney. Recording Clerk, S. Graves.

Chair Clarke introduced the members of the 35-Acre Task Force and recognized the many hours they have given and exemplary work they have done by serving on this Task Force; he noted that during the process of working on the things they wanted to accomplish, they realized the lack of ability to get water wells to the lots they wanted to create under the rural land use process. Chair Clarke continued that in order to accomplish what the Task Force wanted to for the betterment of Larimer County, they realized they needed to change a state law and one of our local representatives, Bill Jerke, was willing to carry a Bill through the Legislature for them. Chair Clarke presented a plaque to Rep. Jerke from the Board of County Commissioners and the 35-Acre Task Force in recognition of his efforts and in appreciation for his strong leadership in the successful passage of HB 1364. Rep. Jerke responded that it was an honor to be able to represent the 35-Acre Task Force and represent a truly unique issue to advance the idea of cluster development and the smart growth it promotes. Rep. Jerke thanked Larimer County and the 35-Acre Task Force for their efforts in helping with the passage of HB 1364.

At this time, Chair Clarke noted that the Bach Minor Residential Development Appeal (#95-EX0703) item listed on today's agenda has been withdrawn at the request of the applicant.

Chair Clarke noted that the following is a consent item and will not be discussed in detail unless requested by the Commissioners or members of the audience.

1. DYER SUBDIVISION (#94-SU0489): NW 1/4 OF 04-04-69, ON THE

SOUTH SIDE OF COUNTY ROAD 14 BETWEEN COUNTY ROADS 21

AND 17, NORTH OF LONETREE RESERVOIR; 4.9 ACRES; 2 LOTS;

FA-FARMING ZONING

This is a request to divide 4.9 acres into two lots of 2.6 acres with an existing residence and 2.3 acres for a new single family dwelling. Staff findings include: 1) This proposed subdivision appears compatible with the surrounding land uses and future development plans for the area in which it is located; 2) The Larimer County Health and Engineering Departments, as well as other reviewing agencies, have reviewed this proposal and have stated no objections to it; 3) The proposed subdivision meets the criteria of the Larimer County Zoning Resolution and the Larimer County Comprehensive Land Use Plan; 4) The approval of this subdivision, with certain conditions, should not adversely affect the health, safety, or welfare of existing residents.

The Planning Commission/Staff recommendation is for approval of the Dyer Subdivision, with the following conditions: 1) The access road must be constructed from County Road 14 to as far as the road is common to the two lots with an all-weather surface that is 20 feet wide with no ponding. A turnaround that meets emergency vehicle access requirements must be constructed at the end of the common drive. A Subdivision Improvements Agreement with collateral and a road maintenance agreement must be provided; 2) An access permit from Larimer County Engineering is required, as well as a culvert sizing and installation plan for the access; 3) The following notes must be placed on the Final Plat: A) An off-site road fee of $201.85 will be collected at the time of building permit for Tract 2; B) Mosquitoes may be a nuisance on this property due to the proximity of a lake. Larimer County is not responsible for mosquito abatement and any land owner initiated abatement activities must meet all Federal, State and Local rules and regulations; C) Prairie dog colonies exist in the vicinity of this property and may migrate to this property; prairie dogs have been known to carry plague and Larimer County does not perform prairie dog control; D) There are existing agricultural activities in this area that may produce dust, odors and noise. Larimer County will not take any action to stop or hinder legal agricultural uses of nearby properties; E) There is the potential for wildlife interaction or property damage in this area. Property owners should take appropriate measures to protect property. The State Division of Wildlife is not responsible for damage or control of wildlife; F) Residential Fire Sprinkler systems are required in all new residential construction; G) A passive radon system will be required in new, residential construction; H) The results of a radon test must be submitted to the Planning Department prior to the issuance of a Certificate of Occupancy; I) Engineered footings and foundations are required for new residential construction; J) Hunting occurs in this area from September through January. Hunting is allowed within 150' of private property. The Division of Wildlife will not take action to stop legal hunting in this area; K) Park fees will be collected at the time of building permit issuance.

The Planning Commission/Staff recommendation also includes approval of a variance from the Larimer County Road standards to allow a 24.83' access road, with the following conditions: 1) The applicant will enter into a legal agreement with the County to dedicate the access road in the future, should the property to the east be developed; 2) The County will pursue, with the Division of Wildlife (DOW), having signage placed on the road, either by the DOW or the County, which indicates the road is private and not a lake access. Also, approval of a variance from the Larimer County Water, Sewer and Fire Safety Standards to allow a subdivision which does not meet the requirement that 70% of the lots must utilize a standard septic system.

M O T I O N

Commissioner Disney moved that the Board of County Commissioners adopt the staff findings and Planning Commission/Staff recommendations and approve the Dyer Subdivision (#94-SU0489), with the conditions as outlined.

Motion carried 2 - 0.

2. EAGLE RANCH ESTATES PLANNED UNIT DEVELOPMENT

(#95-MS0825) - Tabled from July 8, 1996

Chair Clarke noted that as Commissioner Duvall is absent today, she has requested that this item be tabled until a time when all three Commissioners are present. John Barnett, representing the applicant, stated that they would prefer to have this item heard today as it was tabled two weeks ago to this date and his client will be out of town next week so it does create an inconvenience and, in addition, there are some provisions in the purchase contract that "kick-in" right away. Commissioner Disney responded that since Commissioner Duvall indicated she has some strong feelings about this proposal and wished to be present for the hearing, he was compelled to accommodate her request.

M O T I O N

Commissioner Disney moved that the Board of County Commissioners table the Eagle Ranch Estates Planned Unit Development (#95-MS0825) until Monday, July 29, 1996.

Motion carried 2 - 0.

3. NORTH WOODS PARK, LOT 1, BLOCK 5, AMENDED PLAT

(#96-SA0902): 36-06-69, SOUTHWEST CORNER OF LINCOLN

AVENUE AND EDGEWOOD DRIVE, NORTH OF LOVELAND;

24 ACRES; R-1 RESIDENTIAL ZONING

This is a request to vacate a portion of a right-of-way on North Lincoln Avenue and a postal and utility easement, and to amend the plat to reflect these changes. Mr. Kadera submitted a site plan of this property and reviewed the major concerns and issues. Staff findings are: 1) North Woods Park Subdivision was approved in 1978; 2) North Lincoln Avenue was platted as an 80-foot right-of-way anticipating the construction of a collector street. A collector street is not needed because North Lincoln Avenue will terminate at the new park about one block north of the subject property; 3) A sidewalk was not constructed along the east side of North Lincoln Avenue adjacent to the subject property. The City of Loveland Traffic Engineer recommends that this applicant be required to construct such a sidewalk to accommodate future pedestrian traffic to the new park; 4) The original developer of North Woods Park was released from his obligations for the construction of this subdivision in 1980; the record does not indicate why the sidewalk was not constructed at that time; 5) The County Health and Engineering Departments, and all utilities serving this area, reviewed the proposed right-of-way vacation and Amended Plat and stated no objections. The County Engineer agrees that a sidewalk should be constructed at this location.

The staff recommendation is for approval of the vacation of a portion of the right-of-way for North Lincoln Avenue (Sun Valley Drive), approval of the vacation of the postal and utility easement, dedication of a gas line easement, and approval of the Amended Plat of Lot 1, Block 5 North Woods Park, with the condition that the applicant be required to construct a four-foot concrete sidewalk along the west line of Lot 1, Block 5 North Woods Park. Plans for the sidewalk shall be submitted to the County Engineer for review prior to construction. Construction shall be completed before the Amended Plat is recorded.

Property owner Rich Haworth addressed the Board and stated that the developer should have constructed this sidewalk in the first place and he doesn't feel it is fair to tax him to put this sidewalk in and as a private home owner he shouldn't be held responsible for this. Mr. Haworth requested that, if he is made to do this, he not be required to do it until after the construction of his addition is completed; the Board concurred.

M O T I O N

Commissioner Disney moved that the Board of County Commissioners adopt the staff findings and staff recommendation and approve the North Woods Park Lot 1, Block 5, Amended Plat (#96-SA0902); and approve deferral of construction of the sidewalk until after the addition on the home is completed.

Motion carried 2 - 0.

4. MCCORMICK MINOR RESIDENTIAL DEVELOPMENT APPEAL

(#96-EX0895): SW 30-08-69; 22.85 ACRES; O-OPEN ZONING

This is a request for an MRD appeal to allow processing of a MRD application on a property that does not have the same legal description or has been divided since May 5, 1972 and which required a lot size variance; the applicants intend to create a new building site of 2.3 acres and a lot of 20.5 acres with existing improvements. A lot size variance was granted by the BOA on March 26, 1996. Ms. Evans provided the area description and appeal request and reviewed the major concerns and issues. Staff findings include: 1) The MRD process was amended in February of 1993 to limit the types of parcels that are eligible to be divided without going through the full subdivision process; 2) The full subdivision process is available to divide parcels that are not eligible for consideration under the MRD process. A subdivision request on this property would be reviewed by the Larimer County Planning Commission prior to hearing with the County Commissioners; 3) The applicants are requesting to submit a MRD application on property that has been previously divided by exemption and where the proposed new lot required approval of a lot size variance; 4) These are two dwellings on the property, one of which is a mobile home. The property owners are disabled and the applicants (their children) reside in the mobile home on the property in order to assist them. The applicants would like to build a permanent home to replace the mobile home; 5) Staff does not find circumstances or conditions of this property to be sufficient to justify waiver of the regulations. The staff recommendation is for denial of the McCormick MRD Appeal.

Mark Corbridge of Hall Associates, Inc., representing the applicants, stated that the clients are attempting to improve the property and improve the density of the property. Lyle McCormick, owner of the property, stated that both he and his wife are on disability and they need their son and wife close by to help them; he noted that a petition was submitted signed by 25 of their neighbors, in addition to 9 letters from adjacent property owners, all in agreement with their proposal. Phillip Maradean, adjacent property owner, stated that Bellvue is an unusual and unique community in that everyone is related to everybody else and they all take care of and help each other, and this is the same situation.

Commissioner Disney stated he is going to disagree with staff and move for approval because of the public benefit derived with the removal of the mobile home, the care of the parents, and there is nothing to gain by going through the subdivision process; Chair Clark concurred and added that this request will not negatively impact the neighbors as the lot size is consistent, technical issues can be addressed, etc.

M O T I O N

Commissioner Disney moved that the Board of County Commissioners approve the McCormick Minor Residential Development Appeal (#96-EX0895).

Motion carried 2 - 0.

5. CAMPBELL MINOR LAND DIVISION (#96-EX0883): SE 31-08-70,

8 MILES WEST OF BELLVUE VIA RIST CANYON ROAD (COUNTY

ROAD 52E AND DAVIS RANCH ROAD; 27 ACRES; 2 LOTS; O-OPEN

ZONING

This is a request for a Minor Land Division (MLD) to create 2 parcels of 10 and 17 acres for single family residential use; there are two dwellings on the property. Ms. Evans described the request, provided the background information, and reviewed the major issues and concerns. Ms. Evans noted that usually staff does not bring MLD requests to the Board as they are handled administratively; however, when staff does not support the request for a MLD, the request is brought to the Board for a decision. Staff findings are: 1) The applicant is requesting a Minor Land Division to create two lots of approximately 10 and 17 acres for two dwellings on the property; one dwelling has existed since the early 1970's and the other dwelling is under construction; 2) Minor Land Divisions are a means of dividing property where more than one legal use exists. Staff does not consider the second dwelling on this parcel to be a legal use because the building permit was obtained with incorrect information submitted by the applicant. The existence of the first dwelling was not disclosed when applying for the building permit; had this information been disclosed, the building permit would not have been issued; 3) There are concerns with substandard access to the property, severe geologic and wildfire hazards, uncertain water supply, fugitive dust and the setting of a precedent to create new building lots in a remote area where these concerns are present; 4) Approval of the Campbell Minor Land Division, with the constraints and concerns noted above, is not in the best interest of the health, safety and welfare of current and future inhabitants of this area or of the general public. The staff recommendation is for denial of the Campbell Minor Land Division.

Applicant Ron Campbell reviewed the history of the property noting that the property was purchased in 1987 with two houses (60 ft. apart), two wells, two septic systems, two leach fields, and each house had its own electricity and meter and both houses were in poor condition when purchased; he chose to remodel one of the houses and, after talking to the building department, he was advised to either move the second house or tear it down and then he would have one year to rebuild the same sq. footage or smaller size anywhere on his property as long as he had legal setbacks. Mr. Campbell informed the Board that he tore the one house down and obtained a burning permit from the Health Department so he wouldn't have to haul it to the landfill; he then returned to the building department and filled out the application for a new building permit and answered the question of how many houses on the property as one, as that is all there was at the time and he did not lie on the application. Mr. Campbell stated that he has the building permit, plans approved, the house is almost finished and he has $125,000 invested in this new house, and the next step is to obtain the Certificate of Occupancy. Mr. Campbell addressed the traffic issue on Davis Ranch Road and noted that when the traffic count was done, the contractor was putting fiber optic cables in the road and U. S. West and REA were also there, all creating additional traffic at that time. Mr. Campbell stated that the building department made a site visit to inspect both houses and has no problem with either house - he has spent over $100,000 in the house in which he is residing. Commissioner Disney asked Mr. Campbell if he has any documentation from the building department regarding their advice to him; he responded negatively, their conversations were all verbal. Mr. Campbell stated that a month ago he went in to see Mr. Pedas to see about getting the red tag lifted and he was told at that time that if he had known there were two houses on this property, he would never have signed off on the building permit. Commissioner Disney asked staff when this house was removed from the Assessor's record; Ms. Evans responded that one of the houses was classed uninhabitable in 1987 and classed a utility building and there is no record of building permits ever being issued for the two structures. Additional questions and discussion followed; Mr. Campbell stated that he was never notified by the Assessor's Office that the one house was downgraded from a house to a shed and all he is asking to do is divide the property.

M O T I O N

Commissioner Disney moved that the Board of County Commissioners adopt the staff findings and staff recommendation and deny the Campbell Minor Land Division (#96-EX0883).

Motion carried 2 - 0.

6. VISTA VIEW ESTATES PUD CHANGES OF CONDITIONS

(#94-MS0505): SE 1/4 OF SW 1/4 25-06-69 ON THE NORTH SIDE

OF 57TH STREET (COUNTY ROAD 28) 1/2 MILE EAST OF U.S.

HWY. 287, NORTHEAST CORNER OF MONROE AND 57TH ST.;

34.63 ACRES; 93 LOTS; R-1 RESIDENTIAL ZONING

This is a request for modification of three previously stated conditions of approval; these changes include elimination of the landscape islands within the cul-de-sacs, modification of the language of the brick siding requirement, and relocation of the entrance sign. Mr. Legg described the three changes in conditions being requested and he noted for clarification that the 1/3 brick requirement is not for the front of the house, but for 1/3 of the siding on the entire house. Mr. Legg submitted a letter from Bonnie Clinton expressing concern regarding the landscaped islands and the safety for children. Staff findings include: 1) Vista View Estates PUD was approved on June 27, 1994; 2) Larimer County does not have a standard for landscaped islands in subdivision streets; 3) The Fire Department and Engineering Department suggest elimination of the landscaped islands for safety reasons; 4) The 1/3 brick requirement was negotiated between the County and the developer and evidence has not been presented to justify modification of the requirement.

The staff recommendation is for: 1) Approval of the elimination of the six (6) landscaped islands in the cul-de-sacs provided that the same amount of equivalent plant material is relocated near the detention pond and landscaped berm along 57th Street; 2) Approval of the sign relocation provided an engineered certified letter is received indicating that the location and height of the sign does not interfere with required intersection "sight triangle"; and 3) Denial of the request to modify the brick siding requirement.

Roger Clark, attorney for the applicant, reviewed the three changes being requested; he noted that with respect to the modification of the six landscaped islands, the developer originally thought these would be a positive visual amenity for the subdivision; however, since the original proposal, the developers have been advised that these planters may constitute a hazard as to the turning radii of emergency vehicles and a safety concern for children and he submitted photos showing the hazard. In addition, Mr. Clark stated that the watering of the landscaped islands may cause rapid deterioration of the roads, removing the islands still meets the required 30% open space for PUDs, and the developer has no problem taking the plant material planned for these islands and placing it in the locations suggested by staff. Mr. Clark noted that the condition to relocate the sign is to a location more appropriate and he presented a model of the sign, which is being enhanced. With regard to the 1/3 brick siding of the entire structure requirement, exclusive of the garage, Mr. Clark stated that the developer would like to have the condition read "permissible facades would include brick, masonry, flagstone, stone, facing stone, stucco, and stucco-type materials"; he noted that allowing these additional facade materials will not diminish the value, it will actually increase the value of these properties and provide desirable diversity to this PUD. Bill Neal, representing the marketing company for the Vista View project, discussed the alternate types of facades being requested; he noted he has developed over 3000 lots in Larimer County and the 30% overall requirement of brick is a requirement he has never seen before, it is usually 30% of the front. Mr. Neal stated that the Miramont housing project, with houses in a range of $200,000 and $800,000, encourages substitutions of brick to provide for diversity in the neighborhood and it creates a higher quality neighborhood. Mr. Neal submitted pictures of three houses under construction in Vista View and other upscale homes in Loveland area showing mixtures of brick and drivet (stucco) samples. Marvin Morganty, Architect, described the effect on value by using these alternative materials noting that the value of the homes will be enhanced and will reduce maintenance; he noted they are more expensive materials and homeowners are requesting these materials more and more. Lynn Lumar, Associate Broker with Wheeler Realty, submitted pictures of seven homes in an adjoining subdivisions showing very little brick and no brick on some of the homes.

At this time the hearing was opened for public comment; Sandy Gleich from Horseshoe View Estates Subdivision stated that at the hearing on February 6, 1996, Mr. Clark noted that the residents of Horseshoe View Estates would forfeit their right to speak in order to gain six issues written as part of the Final Plat and one of those of six issues was the 1/3 brick of the entire siding. Ms. Gleich stated that on February 12, 1996, John Donnelly called her with a proposal for this developer to renege on two of those items and she brought this to the attention of the homeowner's of Horseshoe View Estates; she noted that once again there was an air of distrust towards this developer and the question arose regarding the County's responsibility for enforcing the conditions on the Final Plat. Ms. Gleich submitted copies of the letters from Mr. Donnelly and her response to him stating that after lengthy review of the proposed changes, the neighbors feel that the plan should proceed as approved. Ms. Gleich stated that she called the Loveland Fire Department and she was told that a 45 ft. radius would compensate a fire truck and they didn't see where a 50 ft. cul-de-sac with landscaped islands would present a problem; she suggested that the islands be retained with xeroscape landscaping. Ms. Gleich stated that respect and trust are earned; therefore, the Board should uphold the agreement between the developer and the neighbors which was supported by the Board and she respectfully requested that the Board deny these changes and this project be built as originally approved. Kathy Kuhlman stated that when the Final Plat for this project was approved and signed, she hoped that this issue was put to rest and, at that time, a statement was made that the quality of this development was a direct result of the neighborhood's commitment to staying involved; she requested clarification with regard to the action being taken here today and she submitted copies of the legal notice for today's hearing, a letter from Mr. Clark requesting modification of the language of the covenants (but no mention of modifying the conditions of the Final Plat), a copy of the Final Plat, and a copy of a letter from the City of Loveland stating that removal of the landscaped islands would provide better access and turning radii for emergency vehicles, but she noted that it does not state that what was provided was inadequate. Ms. Kuhlman stated that they have no problem with the relocation of the sign; however, she thinks the request to change condition #12 regarding the 1/3 brick siding is not to create diversity, it is to confuse everyone so no one will know exactly what is required. Ms. Kuhlman asked if it is ethically correct to change these conditions and she requested the Board deny the request to modify the brick siding requirement. Paul Bonomo stated he also has no objection to the sign relocation, but requested that the Board deny the other two changes being requested; he discussed some discrepancies that have already occurred with this project in that the developer has already acted on two of these conditions as several of the cul-de-sacs are already paved and there is no island built. Mr. Bonomo thinks approval of the changes will diminish the quality of the subdivision and the compatibility with the neighboring subdivisions and it will encourage requests for more changes in the future. A third discrepancy he has observed is the apparent occupation of 616 Snow Peak Court and he asked if a Certificate of Occupancy has been issued on this home, and if so, why wasn't the fence on the east side completed, which is condition #16 on the Final Plat? Mr. Bonomo asked for a definition of Dryvit.

Mr. Clark responded to questions raised during public comment; Mr. Morganty noted that the alternate materials being suggested are all long-term, low-maintenance materials and he defined Dryvit as a synthetic acrylic material - a stucco substitute that is being used to replace wood siding and is equal to or better than brick. With regard to enforcement of the requirement for the Certificate of Occupancy for 616 Snow Peak without the fence being constructed on the east side of the subdivision, Mr. Donnelly explained that when they began to build the drainage swail that is included in the first phase plans, one of the occupants of the adjacent subdivision said they were building the swail on his land. After research, it appears that when the original survey was done, they used the wrong center of the section or assumed the wrong center. In 1972 when they replatted the southern portion of Horseshoe View Estates the error was discovered and corrected in the new subdivision, but not in the adjacent one. A property line adjustment was done, but it was not signed nor is there evidence it was ever recorded; with regard to why the developer wants to change the landscaping in the cul-de-sacs, Mr. Clark responded that a potential home buyer has expressed safety concerns and it is a market, safety, and long-term maintenance concern. With regard to the cul-de-sacs already being paved, he noted that only the first asphalt layer has been applied and the islands will be built later; Jim Childers, construction worker on the project, stated that they did this because they could get a better price from the contractor to pave all the way through and they will cut out for the landscape islands later, if the requirement for the islands is not changed. With regard to whether xeroscape landscaping is a practical solution, Klaus Kunter, developer, stated that whether the islands are installed or not is not a cost consideration and they will install the islands if required. With regard to the reduction of open space by not landscaping the islands, Mr. Clark stated it will reduce it a small amount, but they still will have the 30% mandated amount of open space. Whether this change is ethically correct, Mr. Clark stated it is not ethically wrong. Much discussion of ethics and trust followed.

At this time the public comment portion of the hearing was closed and opened for Commissioner's comments; Commissioner Disney expressed the most concern about the violation of the conditions listed on the Final Plat. Mr. Legg stated that based on the testimony that he heard here today, there are two violations - one regarding the one house without enough brick on it and the fence not being constructed on the east side of the subdivision, and he intends to place a building permit hold on the entire development tomorrow morning. With regard to approval of the change of conditions, Commissioner Disney stated that everyone agrees on the relocation of the sign and he doesn't object to the elimination of the islands, but he suggested that moving the landscaping elsewhere in the subdivision should require the submittal of a plan to the appropriate review agencies and appropriate departments in the County; Mr. Legg concurred. With regard to condition #3 for modification of the brick siding requirement, Commissioner Disney stated that to add variety is good as long as the quality is as good or better than brick; he suggested that the specified list of acceptable substitute materials for brick be carefully defined and specific in what is allowed and done with the approval of the neighbors and homeowner's association. Chair Clarke stated he agrees that taking the landscaping out of the cul-de-sacs is a good idea and the relocation of the sign is agreed upon by everyone; with regard to the condition requiring 1/3 brick siding, other materials have been suggested which, in his view, are described as brick or better. Chair Clarke stated that the only problem remaining is the fence on the east side was supposed to be built before the Certificate of Occupancy was issued and that part of the agreement has been violated; he understands the concern of the neighbors about trust and this needs to be adhered to and he agrees that a building permit hold should be placed on this development.

M O T I O N

Commissioner Disney moved that the Board of County Commissioners adopt the staff findings and staff recommendation and approve the Vista View Estates PUD Change of Conditions, amending condition #1 to require submittal of a landscaping plan to the Planning Department and the County Forester for their approval for the relocation of the landscaping, approval of the sign relocation, and modification of the brick siding requirement with the condition that the neighbors and homeowner's association are a party to the agreement of the alternate materials allowed.

Discussion followed; Chair Clarke suggested that masonry not be included in the list of acceptable materials to be used for siding and it was suggested that only brick, flagstone, stone, facing stone, stucco and stucco type materials will be used. More questions were raised and, because of the late hour, Commissioner Disney suggested that possibly approval of condition #3 should be tabled until the exact materials are defined.

Commissioner Disney withdrew his original motion.

M O T I O N

Commissioner Disney moved that the Board of County Commissioners adopt the staff findings and approve Vista View Estates PUD Change of Conditions #1 and #2 as outlined.

Motion carried 2 - 0.

M O T I O N

Commissioner Disney moved that the Board of County Commissioners table action on condition #3 until next Monday, July 29, 1996 to allow time for the developer, neighbors, and homeowner's association to work out the list of acceptable materials to be used for the 1/3 siding on the homes.

Motion carried 2 - 0.

Mr. Legg reiterated that he will be placing a building permit hold on the development tomorrow morning and will require a truthful timeline when the fence on the east side of the subdivision will be constructed and confirmation by the architect that every house that exists or currently has a permit has 1/3 brick siding.

The meeting adjourned at 6:20 p.m.

TUESDAY, JULY 23, 1996

ADMINISTRATIVE MATTERS

(#66)

The Board of County Commissioners met at 9:30 a.m. in regular session with Frank Lancaster, County Manager. Chair Clarke presided and Commissioner Disney was present; as noted previously, Commissioner Duvall is out of town this week. Also present were: Sheriff Richard Shockley; Deputies Laurie Klith and Tom Perkins; Joan Duchene, Commissioner's Office Supervisor; Larry Timm, Director of Planning, and Russ Legg, Gayle Morgan, Rob Helmick, Brice Miller, and Tom Garton of the Planning Department; Bob Keister, Budget Manager; Donna Hart, Community Information Manager; and George Hass, County Attorney. Recording Clerk, S. Graves.

1. APPROVAL OF BOARD OF EQUALIZATION APPEAL DECISIONS:

M O T I O N

Commissioner Disney moved that the Board of County Commissioners approve the recommendations and decisions made by the Board of Referees for the hearings held on Monday, July 22, 1996.

Motion carried 2 - 0.

2. PROCLAMATION FOR NATIONAL NIGHT OUT 1996:

M O T I O N

Commissioner Disney moved that the Board of County Commissioners proclaim Tuesday, August 6, 1996 as "National Night Out" in Larimer County, and authorize the Chair to sign the Proclamation.

Motion carried 2 - 0.

Deputy Perkins invited the Board to join them on August 6th and visit the neighborhoods in the unincorporated areas of the County and to come to the Fairgrounds on August 2, 1996 for a kick-off with the Loveland Police Department.

3. BOARDS AND COMMISSIONS VACANCIES: Ms. Duchene provided an update for the Board on the status of appointments to the Economic Development Advisory Board, the Environmental Advisory Board, Family Preservation/Placement Alternatives Committee, Office on Aging Advisory Council, Urban Growth Area Review Board, and the Youth Services Bureau Advisory Board; she requested Board action on the following:

BOARD OF APPEALS:

M O T I O N

Commissioner Disney moved that the Board of County Commissioners appoint John Fraser, Jr. and Joe Jezek to the Board of Appeals, each for a three-year term ending June 30, 1999.

Motion carried 2 - 0.

BOARD OF MENTAL HEALTH:

M O T I O N

Commissioner Disney moved that the Board of County Commissioners reappoint Margie Greenlee and Joanne Rago to the Board of Mental Health; each for a three-year term ending June 30, 1999.

Motion carried 2 - 0.

COMMUNITY CORRECTIONS ADVISORY BOARD:

M O T I O N

Commissioner Disney moved that the Board of County Commissioners reappoint Donn Hopkins, District Court Judges, Judith Schalles, Sallie George, Lou Nagy, Steve Schapanski, Leslie Johnson, and Laurie Barnhill and appoint Paul Dennis and John Hayes Griner to the Community Corrections Advisory Board; each for a two-year term ending June 30, 1998.

Motion carried 2 - 0.

EXTENSION ADVISORY COMMITTEE:

M O T I O N

Commissioner Disney moved that the Board of County Commissioners reappoint Jean Thomas and Koger Propst and Mr. Jaime Mares; each for a three-year term ending June 30, 1999.

Motion carried 2 - 0.

FLOOD REVIEW BOARD:

M O T I O N

Commissioner Disney moved that the Board of County Commissioners reappoint Mark Peterson to the Flood Review Board for a two-year term ending June 30, 1998 and reappoint Jim Nichols and Chester Watson, each for a three-year term ending June 30, 1999.

Motion carried 2 - 0.

WEED CONTROL DISTRICT ADVISORY COMMITTEE:

Commissioner Disney moved that the Board of County Commissioners reappoint Peter Van Putten and appoint Brad Moos to the Weed Control District Advisory Committee; each for a one-year term ending June 30, 1997.

Motion carried 2 - 0.

4. SECOND READING OF THE UNIFORM TRAFFIC CODE ORDINANCE: Mr. Hass stated that they have advertised for the Board's consideration the adoption of the Uniform Traffic Code Ordinance, which has been published and read at a previous meeting, and the purpose today is to conduct a public hearing for adoption of the Ordinance.

M O T I O N

Commissioner Disney moved that the Board adopt the Larimer County Uniform Traffic Code Ordinance and a Resolution Concerning the Ordinance for the Regulation of Traffic, and authorize the Chair to sign both documents.

Motion carried 2 - 0.

O96-02 ORDINANCE FOR THE REGULATION OF TRAFFIC BY THE

COUNTY OF LARIMER, COLORADO; ADOPTING BY REFERENCE

THE 1995 EDITION OF THE "MODEL TRAFFIC CODE FOR

COLORADO MUNICIPALITIES;" REPEALING ALL ORDINANCES

IN CONFLICT THEREWITH; AND PROVIDING PENALTIES

FOR VIOLATION THEREOF

R96-111g RESOLUTION CONCERNING ORDINANCE FOR THE

REGULATION OF TRAFFIC

5. PROCLAMATION FOR LARIMER COUNTY FAIR & RODEO - AUGUST 1 - 6, 1996: The Board was requested to proclaim August 1 - 6, 1996 as Larimer County Fair and Rodeo Days.

M O T I O N

Commissioner Disney moved that the Board of County Commissioners proclaim August 1 - 6, 1996 as Larimer County Fair and Rodeo Days, and authorize the Chair to sign the Proclamation.

Motion carried 2 - 0.

6. PLANNING BUDGET SUPPLEMENTAL REQUEST: Mr. Timm requested Board approval of an adjustment to the budget in the Planning Division, as outlined in the memo sent to the Board from Mr. Timm dated July 23, 1996; he noted this adjustment will be offset by anticipated increased revenues. Chair Clarke requested that if the Planning Division becomes aware of other changes occurring after September 1996 which will affect this budget, as mentioned as a possibility in the aforementioned memo, that the Board be informed of those changes before any action is taken.

M O T I O N

Commissioner Disney moved that the Board of County Commissioners supplement the Planning Division's personnel and operating budgets by a total of $61,011 and supplement the building department operating budget by $10,000, and increase the division budgeted revenue figures by $81,000, with the additional funding allocations being derived from the additional revenue sources, as outlined in the memo dated July 23, 1996 from the Planning Director.

Motion carried 2 - 0.

7. REQUEST FOR APPROVAL BOXELDER CREEK ACRES FINAL PLAT:

M O T I O N

Commissioner Disney moved that the Board of County Commissioners approve the Final Plat for Boxelder Creek Acres, and authorize the Chair to sign same.

Motion carried 2 - 0.

8. REQUEST FOR APPROVAL OF CONTRACT WITH ED ZDENEK: Mr. Timm presented a revised Contract for Professional Services between the Board and ZTI Group Architecture for the consulting services of Mr. Zdenek for processing three "test cases" for subdivision of rural properties, in lieu of division of these properties into traditional 35 acre parcels; he reviewed the scope of services and noted the revisions made to the contract.

M O T I O N

Commissioner Disney moved that the Board of County Commissioners approve the Contract for Professional Services between the Board of County Commissioners and ZTI Group Architecture, P.D., and authorize the Chair to sign same.

Motion carried 2 - 0.

C96-42 CONTRACT FOR PROFESSIONAL SERVICES BETWEEN THE

BOARD OF COUNTY COMMISSIONERS AND ZTI GROUP

ARCHITECTURE, P.D.

9. WORKSESSION:

-- Computer Acquisition: Mr. Lancaster noted that a request has been received from the Assessor's Office to purchase a MacIntosh Computer and Monitor for $8,487; he noted MacIntosh's are not the accepted standard for Larimer County and cost three to four times more than the accepted standard. Mr. Lancaster stated that the request went through the CITA process and the Information Management staff were uncomfortable denying it, but approved it with conditions and that any additional hardware or software support would not be done in-house. Mr. Lancaster noted that the money for this request would come from salary savings. Chair Clarke stated he wants to hear from the County Assessor as to why he wants this particular computer; Mr. Lancaster will ask Mr. Miller to attend Administrative Matters next week to explain.

10. DOCUMENT REVIEW:

M O T I O N

Commissioner Disney moved that the Board of County Commissioners approve the Minutes for the week of July 15, 1996, as submitted.

Motion carried 2 - 0.

M O T I O N

Commissioner Disney moved that the Board of County Commissioners approve the Schedule for the week of July 29, 1996, as submitted.

Motion carried 2 - 0.

M O T I O N

Commissioner Disney moved that the Board of County Commissioners approve Petitions for Abatement, as recommended by the County Assessor, for the following: Tougas; Olsen; Namaqua Falls, LTD; Walker; Andrade-Scott; and Simmons.

Motion carried 2 - 0.

M O T I O N

Commissioner Disney moved that the Board of County Commissioners approve the following documents as listed on the Consent Agenda on Document Review for July 23, 1996:

MISCELLANEOUS DOCUMENTS: Statement of the Semi-Annual Condition of Larimer County by the Treasurer of Larimer County, Charles L. Woodward; Revocable License between the Colorado State Board of Agriculture and the Board of County Commissioners. LIQUOR LICENSES: Licenses were issued to: Villa Tatra, Inc. - 6% - Lyons, CO.; Sol's Long Branch Saloon - 6% WITH EXTENDED HOURS - LaPorte, CO.; Special Events Permit for the State Board of Agriculture for C.S.U. - 3.2% - Fort Collins, CO.; Special Events Permit for the Wilderness Ranch Sanctuary for Farm Animals - 3.2% - Bellvue, CO.

A96-101 AGREEMENT CONCERNING ROAD IMPROVEMENTS ON

CR 21C BETWEEN THE BOARD OF COUNTY COMMISSIONERS

AND LESTER A. AND CLEORA HODGSON (ROW - Project #171)

A96-102 AGREEMENT CONCERNING ROAD IMPROVEMENTS ON

CR 21C BETWEEN THE BOARD OF COUNTY COMMISSIONERS

AND RAY R. BURGENER (ROW - Project #171)

A96-103 AGREEMENT CONCERNING ROAD IMPROVEMENTS ON

COUNTY ROAD 21C BETWEEN THE BOARD OF COUNTY

COMMISSIONERS AND EARL R. BERNARD (Project #171)

C96-43 EMERGENCY SHELTER GRANT (ESG) PROGRAM CONTRACT

BETWEEN THE BOARD OF COUNTY COMMISSIONERS AND

CATHOLIC CHARITIES NORTHERN

C96-44 EMERGENCY SHELTER GRANT (ESG) PROGRAM CONTRACT

BETWEEN THE BOARD OF COUNTY COMMISSIONERS AND

CROSSROADS SAFEHOUSE, INC.

C96-45 EMERGENCY SHELTER GRANT (ESG) PROGRAM CONTRACT

BETWEEN THE BOARD OF COUNTY COMMISSIONERS AND

NEW BRIDGES, INC.

D96-24 RIGHT-OF-WAY DEED - COLORADO STATE BOARD OF

AGRICULTURE (Boxelder Creek - Project #191)

R96-112z SPECIAL REVIEW FINDINGS AND RESOLUTION APPROVING

THE PETITION OF HAPPY TRAILS HORSE BOARDING

R96-113z SPECIAL REVIEW FINDINGS AND RESOLUTION APPROVING

THE PETITION OF UT GUEST RANCH

Motion carried 2 - 0.

The meeting adjourned at 11:15 a.m.

WEDNESDAY, JULY 24, 1996

APPROVAL OF BOARD OF EQUALIZATION HEARING DECISIONS &

OPEN SESSION FOR PUBLIC COMMENT

(#65 @ 500)

The Board of County Commissioners met at 9:00 a.m. in regular session with Frank Lancaster, County Manager. Chair Clarke presided and Commissioner Disney was present; as noted previously, Commissioner Duvall is out of town this week. Recording Clerk, S. Graves.

M O T I O N

Commissioner Disney moved that the Board of County Commissioners approve the recommendations and decisions made by the Board of Referees for the hearings held on Tuesday, July 23, 1996.

Motion carried 2 - 0.

Greta Jones addressed the Board during the open session for public comment; she stated that they have purchased 10 acres in the Buck Subdivision, which is one mile north of the cement plant on Taft Hill Road. After they purchased the property, they realized they were subject to all the subdivision rules and regulations and required to install fire sprinklers in their modular home; she noted this is a very difficult proposition to do and Alpine Homes Construction Company told them they will not put them in beforehand at the factory. Ms. Jones stated they went to the fire department to appeal this and she called the fire insurance company and was told that if they install the sprinklers then they will probably be required to keep them turned off or purchase expensive flood insurance. Ms. Jones stated that there is a fire hydrant on the front of their house which meets all the State requirements and is used to fight all the fires in the area, but it doesn't meet Poudre Valley Authority's requirements because it won't pump 60,000 gallons of water in two hours; she noted that code says you have to have sprinklers in your house if you are over 400 ft. away from a fire hydrant and their home is 600 ft. away. Ms. Jones also discussed the requirements of installing passive radon equipment and the deplorable road conditions. Ms. Jones said the only way they can get out of these requirements is for this little 3-lot subdivision to be undesignated as a subdivision and that is what she is asking the Board to do today. Ms. Jones presented a copy of the Amended Plat, which contains the plat notes requiring the sprinklers and passive radon equipment, and she noted that Mr. Buck didn't give a copy of the Amended Plat to them until the day before the closing, and then did so only at the request of her husband. The Board responded to Ms. Jones that these rules and regulations are in place to protect future homeowners and they wished they could do something for her, but they can't because she is in an approved subdivision and these conditions are listed on the Amended Plat; however, the Board will check with Engineering on the road situation and with the Poudre Valley Fire Authority.

The meeting adjourned at 9:50 a.m.

THURSDAY, JULY 24, 1996

APPROVAL OF BOARD OF EQUALIZATION HEARING DECISIONS

The Board of County Commissioners met at 9:30 a.m. in regular session with Frank Lancaster, County Manager. Chair Clarke presided and Commissioner Disney was present. Recording Clerk, S. Graves.

M O T I O N

Commissioner Disney moved that the Board of County Commissioners approve the recommendations and decisions made by the Board of Referees for the hearings held on Wednesday, July 24, 1996.

Motion carried 2 - 0.

At this time, the Board also took the following action:

M O T I O N

Commissioner Disney moved that the Board of County Commissioners approve the expenditure of $400 from the Commissioner's Special Project Fund to purchase maps from Harrison Resources.

Motion carried 2 - 0.

The meeting recessed at 9:35 a.m.

______________________________________

JOHN CLARKE, CHAIR

BOARD OF COUNTY COMMISSIONERS

( S E A L )

ATTEST:

__________________________________________

Sherry E. Graves, Deputy County Clerk