Loveland Bike Trail
 

PROCEEDINGS OF THE BOARD OF COUNTY COMMISSIONERS

MONDAY, MARCH 10, 1997

MEETING REGARDING OPEN LANDS PROGRAM

(#157)

The Board of County Commissioners met at 1:30 p.m. in regular session with K-Lynn Cameron, Open Lands Manager. Chair Disney presided and Commissioner Clarke was present; Commissioner Olson was absent. Also present was John MacFarlane, Director of Parks. Recording Clerk, S. Graves.

1. PURPOSE: Ms. Cameron reviewed the purpose for today's meeting with the Board, noting that they have some recommendations from the Open Lands Advisory Board for the Board to approve, and to provide a review of some other projects being considered.

2. ACTION: PROJECTS RECOMMENDED BY THE OPEN LANDS ADVISORY BOARD:

-- Trail Amenities in Connection with the CR 5 Bridge Reconstruction: Ms. Cameron stated that part of the CR 5 bridge reconstruction project, south of Timnath, is to construct the bridge high enough so that eventually they will be able to place a trail underneath; she noted that the total cost for the County would have been $16,500, but now, because they cut back on the scope of the project, Federal funds come into play and we only have to pay 20%, for a total of $3,290.

-- Big Thompson River Study: Ms. Cameron discussed the Big Thompson River study with the Open Lands Advisory Board at their last meeting; she noted that since the beginning of this project, our interest has been to help identify open space lands which have value in the County. It was noted that the City of Loveland has the study on a 90 day hold to decide if they are going to proceed. Ms. Cameron stated that the option that staff and the Open Lands Board is recommending is to take the information that the consultant put together to date, which includes a land ownership map of the area, and to contact the people that are willing and interested and not go any further with the study. Chair Disney recommended sending a letter to the land owners that are not interested in participating and let them know what the County is doing and request that they call if they change their mind. Much discussion followed.

M O T I O N

Commissioner Clarke moved that the Board of County Commissioners have decided that any further involvement of Larimer County in the Big Thompson River Study will be limited to the use of the information received from the Big Thompson Study thus far, to assist the Open Lands Advisory Board with evaluation of those properties for possible future acquisition, from willing sellers as required by the Open Lands Sales Tax; the amount of funds for this information will be identified through negotiations with the City of Loveland.

Motion carried 2 - 0.

-- Steppel/Hidden Springs and Franz Farm Intergovernmental Agreement: Ms. Cameron requested the Chair's signature on the following two intergovernmental agreements, which were previously approved by resolution, contingent upon approval by the County Attorney; she reviewed the contents of both agreements.

M O T I O N

Commissioner Clarke moved that the Board of County Commissioners approve the Intergovernmental Agreement concerning the Steppel/Hidden Springs Ranch Road property, and authorize the Chair to sign same.

Motion carried 2 - 0.

A97-34 INTERGOVERNMENTAL AGREEMENT CONCERNING STEPPEL/

HIDDEN SPRINGS RANCH ROAD PROPERTY BETWEEN THE

BOARD OF COUNTY COMMISSIONERS AND THE CITY OF

FORT COLLINS

M O T I O N

Commissioner Clarke moved that the Board of County Commissioners approve the Intergovernmental Agreement concerning the Franz Farm, and authorize the Chair to sign same.

Motion carried 2 - 0.

A97-35 INTERGOVERNMENTAL AGREEMENT CONCERNING FRANZ

FARM BETWEEN THE BOARD OF COUNTY COMMISSIONERS

AND THE CITY OF FORT COLLINS

-- Strategy for Gravel Lands along the Poudre River: Ms. Cameron informed the Board that the City of Fort Collins is doing a study of the gravel lands along the Poudre River in an attempt to develop a plan that will accommodate resource extraction from Overland Trail to I-25 and to maximize environmental and community benefits through reclamation to help provide for a sustainable future and quality of life; she noted that they will develop a comprehensive plan working with the landowners and gravel operators that deal with the reclamation of the mining as it occurs. Ms. Cameron stated that the County is looking at the river downstream from I-25 to the Larimer/Weld County Line for the same purposes; she noted that they have discussed this with the Open Lands Board to see if this had merit in terms of their long-term vision of the Poudre River. Ms. Cameron stated that there is a property they are considering and she requested an Executive Session to discuss it.

M O T I O N

Commissioner Clarke moved that the Board of County Commissioners go into Executive Session at 2:15 p.m. to discuss land acquisition.

Motion carried 2 - 0.

The Executive Session ended at 2:25 p.m.

Ms. Cameron stated that the Open Lands Board is recommending that Larimer County work with the City of Fort Collins and their consultant to extend the scope of the strategy for gravel lands along the Poudre River from I-25 to the Larimer County Line and to work with the landowners and gravel mine operators on their reclamation plans to develop a comprehensive river system that looks at wildlife habitat, water quality, water flow, stormwater drainage, and recreational values and then to develop agreements with the gravel operators and/or landowners that are willing to work with the County to develop a plan. Ms. Cameron stated that the cost of extending this study will be $27,841, funds to be derived from the Open Space Sales Tax Fund. CONSENSUS OF THE BOARD was to direct staff, before any money is appropriated or spent, to proceed with contacting the landowners along the Poudre River from I-25 to the County Line to inform them what is being considered.

3. DISCUSSION: INITIAL REVIEW OF PROPOSED PROJECTS: Ms. Cameron discussed the following projects being considered by the Open Lands Advisory Board; she noted that today's discussion with the Board is the initial review as a part of the acquisition process: 1) Rist Canyon - 320 acres at the mouth of the Canyon for the beginning of a regional park preserve for $700,000; 2) Regional Park Buffer (Horsetooth Reservoir) - 74 acres on the ridgeline north of Inlet Bay at a cost of 50% of the appraisal value of $470,000; 3) Regional Park Buffer (Carter Lake) - 115 acres at the north end of Carter Lake, bounded by Bureau of Reclamation property managed by the County; and 4) Homer Rouse Memorial Trail in Estes Park area - from Lily Lake on Highway 7 (owned by National Park Service) to Fish Creek Road - suggestion was made to turn this into a Volunteers of Outdoor Colorado Trail Project - no cost for acquisition, possibly time and materials.

4. INFORMATION: Ms. Cameron informed the Board that Amy O'Herron, of the Montana Land Reliance, will speak at the April 24, 1997 Open Lands Board meeting from 5:00 to 7:00 p.m. at the Loveland Library. Ms. Cameron reported on the Open Lands Board Retreat held on March 6, 1997; she noted it went very well and they set visions and goals for 1997 and they want to have an annual retreat.

The meeting recessed at 2:55 p.m.

LAND-USE PLANNING MEETING

(#155 & #160)

The Board of County Commissioners reconvened at 3:00 p.m. in regular session with Larry Timm, Director of Planning. Chair Disney presided and Commissioner Clarke was present; Commissioner Olson was absent. Also present were: Al Kadera, Subdivision Administrator; Carol Evans, Planner II; Lonnie Sheldon, Project Engineer; Doug Ryan, Environmental Health Planner; Ed Zdenek, Interim Director Rural Land Use Center, and Jeannine Haag, Assistant County Attorney. Recording Clerk, S. Graves.

Chair Disney stated that the following are consent items and will not be discussed in detail unless requested by the Commissioners or members of the audience. Mr. Zdenek requested that the Marsh Estates Rural Land Use Plan be removed from the Consent Agenda.

1. FOX ACRES COUNTRY CLUB 1ST FILING, LOT 18, AMENDED PLAT -

(#97-SA1008): 28-10-73 - RED FEATHER LAKES - .18 ACRES;

E1-ESTATE ZONING

This is a request to reconfigure an existing lot to accommodate an existing structure. Staff findings include: 1) Fox Acres Country Club was approved in 1979; 2) Building envelopes were established for the construction of dwellings on this site; 3) The dwelling on Lot 18 was found to encroach slightly on the open space outside the building envelope; the Amended Plat will cure the encroachments; 4) The County Health and Engineering Departments, and all utilities serving this area, reviewed the Amended Plat and stated no objections. The staff recommendation is for approval of the Amended Plat of Lot 18, Fox Acres Country Club First Filing.

M O T I O N

Commissioner Clarke moved that the Board of County Commissioners adopt the staff findings and staff recommendation and approve the Fox Acres Country Club 1st Filing, Lot 18, Amended Plat (#97-SA100).

Motion carried 2 - 0.

2. MARSH ESTATES PRELIMINARY RURAL LAND PLAN (#97-EX1004):

06-08-68 & 01-08-69 - 2 MILES NORTH OF THE INTERSECTION

OF COUNTY ROAD 15 AND COLORADO STATE HIGHWAY 1,

7480 NORTH COUNTY ROAD 15; 350 ACRES; 15 LOTS; O-OPEN ZONING

This is a request to divide 350 acres into 15 single family residential lots of approximately 3-4 acres each, with the remaining approximately 300 acres in open space. Mr. Zdenek stated that he removed this item from the Consent Agenda to correct a typographical error in the staff report; he noted that under the section titled "Critical Land Areas", the sentence that reads "Building lots will be held back a minimum of 200 feet from the high water mark...", should be changed to 150 feet. Staff findings are: 1) This proposal is consistent with the Rural Land Use Process; 2) The community and landowner benefits are both apparent; 3) The specific designs for the roads, sewage treatment facility, utilities and layout will be addressed at final platting and development agreement; 4) The final Conservation Easement, baseline conditions report, and management plan, will be approved at the time of final platting; 5) Soil tests have been conducted on the entire property and the engineers have found them acceptable for individual sewage disposal system treatment facilities.

The Interim Rural Land Use Board and the Interim Director of the Rural Land Use Center recommend that the Board of County Commissioners approve the preliminary Rural Land Use Plan for Marsh Estates. The following issues will need to be reviewed prior to final platting, planning documents, and development agreements: 1) Protective covenants for the project; 2) Conservation Easement on the residual land; 3) Management plan for the residual land; 4) Engineering footing and foundations shall be required on all structures; 5) The results of a radon detection test conducted in new dwellings once the structure is enclosed, but prior to issuance of a Certificate of Occupancy, shall be submitted to the Building Department. As an alternative, a builder may present a prepaid receipt from a radon tester which specifies that a test will be done within 30 days. A permanent Certificate of Occupancy can be issued when the prepaid receipt is submitted; 6) Deed restrictions and easements shall be reviewed by the RLUC Director prior to final plat; 7) The applicant shall provide information adequate to determine the feasibility of placing individual sanitation systems on each development area on each lot; 8) Confirmation of water service shall be required prior to Final Plat; 9) The road plans shall be reviewed and approved prior to Final Plat approval; 10) The applicant shall provide sales and other information to the RLUC Director as necessary to insure that monitoring of the incentives can be conducted; 11) The final plan shall be noted to advise owners and purchasers of the presence of agricultural uses in the area, or the possibility of hunting, and of the Division of Wildlife Protective Covenants; 12) A fire protection plan shall be developed to assure that individual residences are adequately protected; this may include provisions of fire hydrants, with appropriate flows or the use of residential fire sprinklers; 13) Road fees shall be paid at the time of building permit, if determined applicable by the Engineering Department; 14) Park fees shall be paid at the time of building permit; 15) School fees shall be paid at the time of building permit.

M O T I O N

Commissioner Clarke moved that the Board of County Commissioners adopt the findings and recommendations of the Interim Director of the Rural Land Use Center and the Interim Rural Land Use Board, and approve the Marsh Estates Preliminary Rural Land Plan (#97-EX1004), contingent upon the issues and conditions, as outlined, being followed.

Motion carried 2 - 0.

3. CATHY'S POND SUBDIVISION RELEASE OF SIA (#92-SU0065):

SE 1/4 OF THE SW 1/4 - 28-04-69; NORTH OF COUNTY ROAD 4,

ONE MILE WEST OF U. S. HIGHWAY 287; 25.47 ACRES; 8 LOTS;

FA-1 FARMING ZONING

This is a request to release the Subdivision Improvements Agreement. Mr. Kadera stated that when this subdivision was approved, the Commissioners allowed the developer to prepay for the improvements and, therefore, there is no collateral to release; he noted that the improvements are completed and the developer is requesting a release from his obligations under the SIA. Mr. Kadera also noted that usually warranty collateral is required, but it would only amount to $591; therefore, staff is recommending that the warranty collateral requirement be waived. Staff findings include: 1) Cathy's Pond Subdivision was approved in 1992; 2) The developer has completed the improvements and seeks release of the Subdivision Improvements Agreement; 3) The County Engineering staff has inspected and approved the road and drainage improvements. The Little Thompson Water District has accepted the water lines; 4) The developer has successfully completed his obligations pursuant to the Subdivision Improvements Agreement. The staff recommendation is for approval of the release of the Subdivision Improvements Agreement for Cathy's Pond Subdivision.

The following adjacent property owners addressed the Board with their concerns: Dennis Yinger, Robert Richards, and Ken Huey. Mr. Yinger stated that he disagrees with the staff assessment of the road as the water drainage and run off is inadequate, and the road surface is not what is specified on the drawings; he requested that someone from staff review the drawings and look at the elevations and try and solve the drainage problems and amount of surface on the road. Mr. Yinger submitted five letters from neighbors citing their concerns and he requested the Board's help and understanding in this matter Robert Richards echoed the same concerns as Mr. Yinger expressed; he stated that some very fundamental core samples need to be taken; he noted that the standing water creates a health hazard. Stasha Prochazka, the developer, responded that he does not think there is a drainage problem and he noted that CR 4 is outside the subdivision. Mr. Yinger spoke again and said that the drawings show an elevation increase of 6 to 7 ft. on CR 4, but the elevation is flat. Ken Huey stated that his main concern is that there is inadequate base at the edge of the road. Mr. Sheldon responded that the Engineering Department was requested to review the road for adequacy and he devised a check list of five items, which were completed, and he recommended approval. Mr. Sheldon does not agree that the drainage and run off are inadequate; he stated that at one time the subdivision had adequate drainage but the culverts in place have silted shut--it is an ongoing maintenance issue that needs to be taken care of by the homeowners association. Mr. Sheldon submitted photos of some of the culverts in the subdivision showing the problems. With regard to the elevation of the road not being as shown on the drawings, he doesn't argue with that; he noted that the County did not receive as-built drawings of this subdivision, which is a part of the process that normally is called for under the release of collateral. With regard to the amount of road surface, Mr. Sheldon stated that within the last 10 months he did request core samples be taken and the developer stated he would be glad to haul in 6" to 8" base; he noted that the road was re-surveyed and found to be accurate. Mr. Sheldon stated that there is a ponding problem and he asked that the Board find that the developer is responsible for solving this problem and he explained what could be done; he noted that there is language in the covenants which discusses road maintenance, annual dues, etc. Discussion and questions from the Board followed; Chair Clarke requested that staff meet with the developer and residents and resolve these issues before this item is approved.

M O T I O N

Commissioner Clarke moved that the Board of County Commissioners table the Cathy's Pond Subdivision Release of the Subdivision Improvements Agreement until May 12, 1997 to allow time for the staff, the developer, and the residents to meet and sort through the items that should have been resolved during the original construction of the roads.

Motion carried 2 - 0.

4. LENART MINOR RESIDENTIAL DEVELOPMENT (#96-EX0899): NW 1/4

31-05-68 ON THE EAST SIDE OF COUNTY ROAD 13, 1/2 MILE NORTH

STATE HIGHWAY 60; 42.54 ACRES; 2 LOTS; FA-FARMING ZONING

This is a request to divide 42.54 acres into 2 parcels of 1.7 acres with existing improvements and 40.84 acres for a new single family dwelling; an MRD appeal and a lot size variance were granted for this property. Ms. Evans briefly described the project and area, reviewed the regulatory and technical issues, and submitted an aerial photo of the site; she noted that this item is not on consent because the applicant is not in agreement with staff condition #5, which is: "A written agreement with the Consolidated Home Supply Ditch and Reservoir Company shall be required; the agreement shall be recorded with the Final Plat. The Final Plat shall accurately map the ditch easement on the property and shall note the existence of the written agreement." Staff findings are: 1) The proposed Lenart MRD is in compliance with the Larimer County Subdivision Resolution, Comprehensive Zoning Resolution, and the Comprehensive Land Use Plan; 2) Approval of the proposed Lenart MRD, with certain conditions, should not result in any significant negative impacts on the natural environment and resources, adjacent properties, transportation, or provision of services. The staff recommendation is for approval of the Lenart MRD, with eleven conditions and ten plat notes.

Applicant Ann Lenart stated that her attorney recommended that she not agree to condition #16 of the agreement with the ditch company, which deals with the waiving of all known and unknown claims, damages, and rights of indemnity, etc. Ms. Lenart stated that this condition holds her dream of building her home on her property at hostage with the ransom being waiving all her rights and she requested that the written agreement be waived. Randy Starr, attorney representing the Consolidated Home Supply Ditch and Reservoir Company, noted that he also represents 7 or 8 other ditch companies in Larimer County and the Commissioners have seen a few hundred copies of similar agreements with other proposals; with respect to the liability issue, he read section #11 from Appendix C of the Larimer County Subdivision Regulations requiring the landowner to purchase insurance for the benefit of the ditch company. Mr. Starr noted that after sending his initial letter of June 5, 1996 to Ms. Evans, he made significant changes in the agreement; he submitted a cover letter dated July 5, 1996 outlining those changes to the Board. Ms. Lenart responded that Appendix C is applicable when there is some kind of structure being built or utilities being interfered with in connection with the ditch; however, in this case they are not interrupting the ditch in any way. Ms. Lenart stated that their project will have minimal impact on the ditch and that is why she does not feel this condition is fair. Ms. Haag stated that she agrees with Ms. Lenart and she noted that Appendix C envisions a physical change to the ditch, which is not the case in this situation.

At this time the public comment portion of the hearing was closed and opened for Commissioner's remarks; much discussion following concerning condition #5 and the suggestion was made to table this matter to provide an opportunity for the applicant and ditch company to resolve this concern. Ms. Lenart requested an opportunity to address the Board again.

M O T I O N

Commissioner Clarke moved that the public hearing be reopened to provide an opportunity for Mr. Lenart to address the Board.

Motion carried 2 - 0.

Ms. Lenart stated that she doesn't understand why the notes on the Final Plat relating to the ditch, access, and the easements are not sufficient in this case; Ms. Evans stated that in this particular case, it would take care of all the concerns. Commissioner Clarke stated that Appendix C really doesn't apply in this case; Ms. Haag concurred.

M O T I O N

Commissioner Clarke moved that the Board of County Commissioners table the Lenart Minor Residential Development until April 7, 1997 to allow time for staff, the applicant, and the ditch company to resolve their concerns relating to condition #5.

Motion carried 2 - 0.

5. GENEVA COMMUNITY PRELIMINARY RURAL LAND PLAN

(#97-EX1005): 19-04-70 AND 30-04-70 - 1.5 MILES NORTHEAST

OF THE END OF COUNTY ROAD 37E; 176 ACRES; 7 LOTS;

O-OPEN ZONING

This is a request to divide 176 acres into 7 single family residential lots and 1 clubhouse of approximately 2.29 acres each, with the remaining acreage being left as undeveloped. Mr. Zdenek described the location of this proposal and reviewed the background and technical review comments. The staff findings include: 1) This proposal is consistent with the policies of the RLUB; 2) The community and the land owner benefit from this proposal in roughly an equivalent manner; 3) Soils tests will be performed prior to final platting; 4) Engineering designs will be submitted for approval with the Final Plat; 5) Water augmentation or mutual accommodation with the State Engineer will be accomplished prior to final platting; 6) Conservation easement will be finalized and submitted with final platting; 7) Protective covenants and deed restrictions will be reviewed and approved with the Final Plat; 8) Architectural designs will be reviewed prior to final approval.

Chair Disney stated for the record, that in the past he has spoken out publicly that some architectural styles in Larimer County intrude with the surrounding landscape and, because of his stance, the applicants requested to meet with him to share their thoughts; he noted that he had lunch with the applicant and Mr. Zdenek to discuss architectural styles. Chair Disney stated that his meeting with the applicants will not in any way jeopardize his objectivity in making a decision on this matter. Questions and discussion followed; Commissioner Clarke asked Mr. Zdenek about the deed restriction for the clubhouse and if it can only be used for a clubhouse and not turned into a residence at a later time. Mr. Zdenek stated that the clubhouse will not be a residence, but will be used for purposes not yet defined; Chair Disney suggested that the condition be tightened to limit the clubhouse use. Chair Disney asked about condition #6 and who will review the architectural designs; Mr. Zdenek responded that they will be reviewed by the Rural Land Use Board. Chair Disney requested this be included in the conditions. Chair Disney also asked about condition #16 and if this community will be in the St. Vrain School District; he noted that there is no agreement with them to collect school fees. After discussion, that condition was also amended.

Applicant Buzz Burrell thanked Larimer County for identifying some of the problems that occur with rural land use and he congratulated the County for being progressive in developing the Rural Land Use Process. Mr. Burrell read from the State Law that enables what they are proposing "...It is in the public interest to encourage clustering of residential dwellings on tracts of land, thereby providing a means of preserving common open space, reducing the extension of roads and utilities to serve residential development, and allowing land owners to implement smart growth..." Mr. Burrell stated that this is what they are proposing and what the people of Larimer County want and he showed examples of designs of what most people don't want; he noted that the Geneva Community is very conservation minded and the conservation easement will be deeded to Larimer County in perpetuity. Mr. Burrell showed a conceptual plan showing where the houses and the clubhouse will be and he noted that it will not be a public facility; he stated that the proposal will greatly reduce the impact on the land. Mr. Burrell addressed a few concerns which have been raised by objectors; i.e., composition of persons living in the community, water, roads, wildlife, density, effect on rural values, etc. Mr. Burrell submitted several letters to the Board in support of Geneva Community; he reiterated that their proposal is consistent with what the citizens of Larimer County said they wanted in the Partnership Land Use Plan (PLUS) and the Rural Land Use Process (RLUP).

The following persons addressed the Board, in opposition to this proposal: Patricia Harper, Dan Miller, Kelly Meeks, Janie Little, Wendy Bower, Sue Hackett Earnst, Stephanie Williams, Zeke Little, and Charles Speich; maps of the area and letters of opposition were submitted. Those in opposition do not believe that the Geneva Community is consistent with the surrounding properties and it violates some of the objectives of the RLUP; such as, "...to protect the Counties rural character and character of existing communities, and the process should evaluate the process on small communities and recognize and respect both individual rights and community interests and values when development is proposed..." It was noted that this is a suburban concept and better situated near services; the adjacent properties and acreages were described. It was noted that the Little Thompson Road Association has 49 members and each pay $176 annual dues for road maintenance for 13 miles of road; the request was made that a condition be written that as each building permit is issued, each homeowner will start paying their $176; even so, these dues will not generate enough revenue to repair the road. It was noted that the roads are deteriorating rapidly and the road association has no money for repairs; it was suggested that, if this proposal is approved, Larimer County should assume responsibility for the 1 1/2 miles of road to the Geneva Community, with no increase in taxes to the residents. Concern was raised about the communal nature of the proposal; this type of community is unprecedented in the area and the clubhouse facility will attract visitors from outside the neighborhood. The brochure outlining the philosophy and intentions of the Geneva Community was submitted and discussed; there was discussion regarding the conflict with the existing agricultural lifestyle and grazing practices and the difference in lifestyle. It was proposed that Larimer County enact a moratorium on building permits, appoint a Blue Mountain/Spring Gulch Planning Commission, and develop a long-range Master Plan for the physical development of this unincorporated territory. Complaints were raised that the residents were not adequately notified of all meetings regarding this matter and that this meeting was held at 3 p.m. and many working people could not attend. The wildlife issue was discussed and that this development will block the wildlife corridor and migration of elk; it was noted that this proposal will take 176 acres out of agriculture use - this has been a rural ranching community for over 100 years.

The following persons addressed the Board in support of the Geneva Community: Cliff Roberts, Linda Pritzker, Marian Head, Suder DuBose, Becky Malucki, Dave Armstrong, Diana Christian, Denize Cote, and Gail Hoag; they stated they like the idea of cluster development because it preserves open land and this is a win-win situation, some of this ground is not suitable for construction, and in this kind of terrain, this type of clustering is acceptable. A concern was raised about the establishment of a trail easement because it will lead to the negative impact of a continuous rash of trespassers which have no respect for property rights. It was noted that the Geneva Community wants to serve as a model for sustainable living and to integrate with the existing community and that this type of development will have the least impact on the land and the 35-acre type of development is much more problematic to the environment and to the land. Ms. Malecki, former member of the 35-Acre Task Force, stated that the recommendations which came out of the Task Force mirror exactly what is proposed by the Geneva Group and she noted that the Task Force unanimously agreed to the clustering concept; she stated that the persons involved in the Geneva Group are thoughtful people trying to use the rural land to its best and when people live in close proximity, they share more and use the land more wisely and she hopes that other developments will follow their lead. Mr. Armstrong, representative of the Larimer Land Trust Project Team, stated that this will be a cooperative project and the clustering will reduce the fragmentation of the land. It was noted that the Geneva Community is not opposed to grazing and it will be allowed on the easement and that they have no intention of becoming a commune. Members of the Geneva Community stated that they are not developers, they are landowners and they care genuinely about being good neighbors and right now they have the right to build 5 homes without architectural review, etc., and position them wherever they wish; they noted that they have spent a lot of time developing this plan. Responding to the concerns raised, Mr. Burrell stated that they are trying to address the concerns of the neighbors and will continue to do so, if they have the opportunity - they are just doing what the RLUP encouraged them to do.

At this time, the public comment portion of the hearing was closed and opened for Commissioners' remarks. Commissioner Clarke informed the audience that it is this Board's policy to hold the controversial hearings in the evening, and he apologized that they did not realize this matter would be so controversial. The merits of the proposal were discussed, as well as the concerns of the Board. The conditions of the recommendation of approval of the Rural Land Use Board and the Interim Director of the RLUB for the Geneva Community Preliminary Rural Land Plan were amended as follows: 1) Soils tests will be performed prior to final platting; 2) Engineering designs will be submitted for approval with the Final Plat; 3) Water augmentation or mutual accommodation with the State Engineer will be accomplished prior to final platting; 4) The Conservation easement will be finalized and submitted with final platting; 5) (A) Protective covenants and deed restrictions will be reviewed and approved with the Final Plat and include a requirement that any change in use of the clubhouse will require approval of the Board of County Commissioners; B) No overnight use of the clubhouse by residents or guests; C) No commercial use of the clubhouse; D) Covenants will include payment of road association fees at time of building permit; 6) Architectural designs will be reviewed by the Rural Land Use Board prior to final approval; 7) Engineered footing and foundations shall be required on all structures; 8) The results of a radon detection test conducted in new dwellings, once the structure is enclosed but prior to issuance of a Certificate of Occupancy, shall be submitted to the Building Department. As an alternative, a builder may present a prepaid receipt from a radon tester which specifies that a test will be done within 30 days. A permanent Certificate of Occupancy can be issued when the prepaid receipt is submitted; 9) Deed restrictions and easements shall be reviewed by the RLUC Director prior to final plan; 10) The final plan shall target a development area on each lot; 11) The applicant shall provide information adequate to determine the feasibility of placing individual sanitation systems on each lot; 12) The applicant shall provide sales and other information to the RLUC Director as necessary to insure that monitoring of the incentives can be conducted; 13) A fire protection plan shall be developed to assure that individual residences are adequately protected; this may include the provision of fire hydrants, with appropriate flows or the use of residential fire sprinklers; 14) Road fees shall be paid at the time of building permit, if determined applicable by the Engineering Department; 15) Park fees shall be paid at the time of building permit; 16) School fees shall be paid at the time of building permit, if appropriate with the St. Vrain School District; 17) All purchasers of lots with be provided a copy of the "Code of the West".

M O T I O N

Commissioner Clarke moved that the Board of County Commissioners adopt the findings and recommendations of the Rural Land Use Board and the Interim Director of the Rural Land Use Center and approve the Geneva Community Preliminary Rural Land Plan (#97-EX1005), with the conditions as outlined and amended above.

Motion carried 2 - 0.

The meeting adjourned at 6:40 p.m.

TUESDAY, MARCH 11, 1997

ADMINISTRATIVE MATTERS

(#161)

The Board of County Commissioners met at 9:00 a.m. in regular session with Neil Gluckman, Assistant County Manager. Chair Disney presided and Commissioner Clarke was present; Commissioner Olson was absent. Also present were: Carol Gillespie and Robert Thompson from the Human Development Department; Al Kadera, Subdivision Administrator; Donna Hart, Commissioner's Office Staff Services Manager; and Deni LaRue, Community Information Manger. Recording Clerk, S. Graves.

1. OPEN SESSION FOR PUBLIC COMMENT: The following persons addressed the Board during the open session for public comment: Tom Bender and Sabre Middlekoff. Mr. Bender submitted a Farm Bureau report and update on the Federal Bill regarding estate taxes, in which President Clinton is opposing any cut in estate taxes, and he encouraged the Board to continue to encourage our Legislators to keep working on this Bill. Mr. Bender also submitted a fact sheet listing the reasons why our State taxes are causing problems with agriculture; he stated that we have to get politics out of natural resources management. Ms. Middlekoff submitted a letter to the Board in opposition to using Larimer County Open Space tax funds for the Nature Conservancy's Roberts Ranch purchase; she reviewed the issues and reasons why she is opposed to this purchase. Commissioner Clarke informed Ms. Middlekoff that there is a big question within the Roberts Family regarding the sale of the ranch and the County is just sitting back and waiting.

2. PUBLIC HEARING ON COLORADO COALITION FOR HOMELESS COMMUNITY DEVELOPMENT BLOCK GRANT FUND (CDBGF) GRANT:

At this time, the public hearing portion of the meeting was opened. Mr. Thompson requested Board approval of an application to the State Department of Local Affairs, Division of Housing, from the Colorado Coalition for the Homeless for some non-entitlement Community Development Block Grant (CDBG) funds for expansion of an existing project. Mr. Thompson noted that the County is acting as a pass through entity, as private non-profit groups are not eligible recipients of non-entitlement CDBG funds; he noted that no County funds are involved.

M O T I O N

Commissioner Clarke moved that the Board of County Commissioners approve the proposal to sponsor the application to the State Department of Local Affairs, Division, from the Colorado Coalition for the Homeless for some non-entitlement Community Development Block Grant funds, as requested by staff.

Motion carried 2 - 0.

At this time, the public hearing portion of the meeting was closed.

3. APPROVAL OF MINUTES FOR THE WEEK OF MARCH 3, 1997:

M O T I O N

Commissioner Clarke moved that the Board of County Commissioners approve the Minutes for the week of March 3, 1997, as submitted.

Motion carried 2 - 0.

4. APPROVAL OF SCHEDULE FOR THE WEEK OF MARCH 17, 1997:

M O T I O N

Commissioner Clarke moved that the Board of County Commissioners approve the Schedule for the week of March 17, 1997, as submitted and revised.

Motion carried 2 - 0.

M O T I O N

Commissioner Clarke moved that the Board of County Commissioners approve the following documents as listed on the Consent Agenda on Document Review for March 11, 1997:

Motion carried 2 - 0.

5. CONSENT AGENDA:

-- Adoption Commissioners Goals and Workplan for 1997:

-- Adoption of Board Philosophies and Commitment Statement:

P97-03 LARIMER COUNTY BOARD OF COUNTY COMMISSIONERS

OPERATING PRINCIPLES AND COMMITMENTS OF THE BOARD

-- Approval of Petitions of Abatement for the following, as recommended by Steve Miller, Larimer County Assessor: Larry & Margaret Howard; Kim's Korean Restaurant; MFP Technology Services, Inc.; Almost Angels; John & Norma Hall; William & Darlene Platt; John & Angela Victory; Michael Rider; and Merilyn & Clifford Abel.

-- Documents:

MISCELLANEOUS DOCUMENTS: Summer Youth Employment Program Plan PY 96; Memorandum Letter to Ed Camp, Office of Community Corrections Division of Criminal Justice; Glacier View Meadows 12th Amended Plat for Lots 1 - 4. LIQUOR LICENSES: County approval was granted to the Lovin' Oven - 6% - Loveland, CO.; and Schmidt's Olde Time Bakery, Ltd. - 6% - Loveland, CO. Licenses were issued to: Carter Lake Marina - 3.2% - Loveland, CO.; Inlet Bay Marina - 3.2% - Fort Collins, CO.; National Park Village North - 3.2% Estes Park, CO.; National Park Village North - 6% - Estes Park, CO.; Fox Acres Country Club - 6% - Red Feather Lakes, CO.; Sox & Cubs - 6% - Fort Collins, CO.; Mountain Greenery Resort - 6% - Bellvue, CO.; Waive of Hearing for a Special Events Permit for the Red Feather Lakes Library Foundation - 3.2% - Red Feather Lakes, CO. on May 23, 1997; and a Waive of Hearing for a Change of Ownership for the Horsetooth Yacht Club, Inc. - 6% - Fort Collins, CO.

A97-36 AGREEMENT BETWEEN THE BOARD OF COUNTY

COMMISSIONERS AND POUDRE CARE CONNECTIONS, INC.

(These first five agreements are for Office on Aging Grantees)

A97-37 AGREEMENT BETWEEN THE BOARD OF COUNTY

COMMISSIONERS AND MEALS ON WHEELS OF LOVELAND/

BERTHOUD

A97-38 AGREEMENT BETWEEN THE BOARD OF COUNTY

COMMISSIONERS AND RVNA HOME CARE SERVICES, INC.

A97-39 AGREEMENT BETWEEN THE BOARD OF COUNTY

COMMISSIONERS AND WALLACE AND KLING, P.C.

(Legal Assistance)

A97-40 AGREEMENT BETWEEN THE BOARD OF COUNTY

COMMISSIONERS AND THE WOMEN'S CENTER OF LARIMER

COUNTY (Dental Assistance)

A97-41 AGREEMENT BETWEEN THE BOARD OF COUNTY

COMMISSIONERS AND PREMIER CUSTOM BUILDERS, INC.

(Construction of Last Resort Building)

C97-09 CONTRACT BETWEEN THE BOARD OF COUNTY

COMMISSIONERS AND CONNELL RESOURCES, INC.

(Reconstruction of CR 30 from CR 11 to I-25 Frontage Road)

R97-24s FINDINGS AND RESOLUTION APPROVING THE MASTER PLAN

AND PRELIMINARY PHASE PLAN OF GRAYHAWK KNOLLS

PLANNED UNIT DEVELOPMENT

Motion carried 2 - 0.

6. WORKSESSION:

-- Invitations: Ms. Hart reviewed the pending invitations with the Board and they indicated to her which events they could attend.

7. COMMISSIONER REPORTS:

-- Commissioner Clarke reported on the Open Lands Board Retreat; he noted that, as a condition of the open space program, they have a plan to spend the money equally on open space, parks, and trails and they are way ahead in their acquisition of open space. He stated that they are still looking for a good regional park and trails; he noted there are a lot of good people on this Open Lands Advisory Board.

-- Chair Disney reported on the ongoing saga of the North Front Range Transportation and Air Quality Council; he noted that two entities have approved a memorandum of understanding. Chair Disney stated that the Denver Regional Council of Governments is expected to approve it; he noted that if they are successful in getting funding, they will start the study by the end of the year and it will take two years to complete it.

At this time, County Attorney George Haas, Assistant County Attorney Jeannine Haag, Planning Director Larry Timm, Senior Planner Rob Helmick, and John Pedas joined the meeting.

8. LEGISLATIVE UPDATE: Mr. Gluckman submitted a draft letter addressed to Senator Peggy Reeves listing the comments of the Board concerning HB 97-1093, an amendment regarding Master Plans in the County; he noted he sent the letter to Ms. Haag and Mr. Timm to review. Discussion of the bill followed; it was noted that this amendment will take away local authority in land use decision making. Ms. Haag stated that the amendment is pointless because it can so easily be circumvented. The Board decided not to send the letter at this time, and requested more information on the amendment, specifically, what is the problem they are trying to solve.

9. DISCUSSION OF BUS STOPS FOR FOXTROT: Mr. Kadera stated that Outdoor Promotions, LLC has submitted a proposal to Larimer County to install and maintain transit shelters at the Transfort bus stops within the State Right-of-Way along Highway 287. Mr. Kadera stated that the reason for being here today is to discuss the issue of zoning with the Board because off-premise signs are not allowed in the County; he discussed several options for the Board to consider; such as, amending the regulations to allow advertising on the benches, make a policy decision, etc. Discussion followed; Mr. Timm suggested that if the regulations are amended and off-premise signs are allowed on the bus shelters, it needs to be made clear that it applies only to the bus shelters. Chair Disney noted that the Fox Trot bus service is a pilot program for one year and he asked what happens if it doesn't make it? Mr. Young, President of Outdoor Promotions, responded that they would just remove the bus shelters; he noted that they are taking a risk but he is betting on the success of mass transit. CONSENSUS OF THE BOARD was to amend the code in the County to allow advertising on the bus shelters to be built between Fort Collins and Loveland; it was noted that this amendment will be reviewed by the Planning Commission and the whole process will take a minimum of 60 days. It was also noted that a building permit will be required for the bus shelters; Mr. Young requested that the fees be waived for the permit since the County will receive 10% revenue from selling the advertising space. Mr. Young will work with Mr. Gluckman and Mr. Timm to draft an agreement for the County's protection; Chair Disney requested that Smartrips be included in the negotiations.

10. LEGAL MATTERS:

-- Request for Board Approval of Counterproposal for Sale of Lots in Glacier View Meadows: Ms. Haag requested Board approval of a Counterproposal to a Contract and other closing documents for the sale of six lots in Glacier View Meadows, Ninth and Twelfth Filings.

M O T I O N

Commissioner Clarke moved that the Board of County Commissioners approve the Counterproposal to a contract and other closing documents for the sale of Lot 1 in Glacier View Meadows Ninth Filing, and Lots 54, 55, 61, 62 and 63 in Glacier View Meadows Twelfth Filing, and authorize the Chair to sign same.

Motion carried 2 - 0.

C97-10 COUNTERPROPOSAL TO CONTRACT FOR SALE OF LOTS IN

GLACIER VIEW MEADOWS, NINTH AND TWELFTH FILINGS

BETWEEN THE BOARD OF COUNTY COMMISSIONERS AND

MILLIKEN PROPERTIES, LTD.

-- Report on Case regarding flights over National Parks: Mr. Hass reported that the case regarding regulation of air space over Rocky Mountain National Park is pending in the Federal Appeals Circuit and the issue being decided is whether FAA has the power to make such a regulation; he noted that traditionally, FAA rules have only pertained to safe operation of airports and noise and this is the first time they have made a rule that has nothing to do with airports. Mr. Haas stated that this is a test case and if the Court upholds this rule, he presumes the FAA will take it to the Supreme Court; he noted that this case is precedent setting for all the parks in the country. Mr. Hass asked the Board if they wish him to take the Amikus (Friend of the Court) position and, if so, the litigation expense would be in the $3,000 to $5000 range, as there is a voluminous record on this case. The Board directed Mr. Hass to ascertain how much assistance he would be able to provide toward this case before they ask him to proceed.

M O T I O N

Commissioner Clarke moved that the Board of County Commissioners go into Executive Session at 10:40 a.m. to obtain confidential legal advice and discuss other legal matters.

Motion carried 2 - 0.

The Executive Session ended at 11:15 a.m.; no action taken.

______________________________________

JIM DISNEY, CHAIR

BOARD OF COUNTY COMMISSIONERS

( S E A L )

ATTEST:

_____________________________________

Sherry E. Graves, Deputy County Clerk

Background Image: Loveland Bike Trail by Sharon Veit. All rights reserved.