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PROCEEDINGS OF THE BOARD OF COUNTY COMMISSIONERS

MONDAY, JANUARY 11, 1999

LAND-USE PLANNING MEETING

(#428)

The Board of County Commissioners met at 3:00 p.m. in regular session with Larry Timm, Director of Planning. Chair Olson presided and Commissioner Disney were present. Also present were: Rob Helmick, Senior Planner; Matt Lafferty and Carol Evans, Planners II; Sean Wheeler, Planner I; Rex Burns, Project Engineer; and Jeannine Haag, Assistant County Attorney. Recording Clerk, Sherry Graves.

Chair Olson noted that the following are consent items and will not be discussed in detail unless requested by the Board. Mr. Helmick submitted an addendum to the consent agenda for the Gibbs Easement Vacation.

1. ROCKVIEW PLANNED UNIT DEVELOPMENT RELEASE OF

WARRANTY COLLATERAL (#94-MS0575): 33-07-69 - SOUTH SIDE

OF COUNTY ROAD 38E, ¾ MILE WEST OF COUNTY ROAD 19

(TAFT HILL ROAD)

This is a request for release of warranty collateral for Rockview Planned Unit Development. Staff recommendation is for approval of the request.

2. AMENDED PLAT OF LOTS 7 & 8 OF NAMAQUA HILLS 2ND FILING

(#98-SA1250): SE ¼ - 08-05-69 ON FIREROCK COURT IN THE

NAMAQUA HILLS 2ND SUBDIVISION ON THE NORTH SIDE OF

HIGHWAY 34; 1 ACRE; 2 LOTS; R-1 RESIDENTIAL ZONING

This is a request for an amended plat to eliminate the lot line between lots 7 & 8 of Namaqua Hills Second Subdivision. Staff findings include: 1) The proposed amended plat is in compliance with the Larimer County Master Plan, the Larimer County Zoning Resolution, and the Larimer County Subdivision Resolution; 2) The amended plat is compatible with other development in the surrounding area; 3) Approval of the amended plat will not result in any significant impacts to neighboring properties, the natural environment, or the provision of services and infrastructure; 4) Property values in the surrounding area would not be adversely affected by the amended plat. The staff recommendation is for approval of the request.

3. AMENDED PLAT OF LOTS 11-15 IN EAGLE CREST SUBDIVISION

(#98-S1321): NW 36-05-69 - EAST SIDE OF HIGHWAY 287, ½ MILE

NORTH OF COLORADO HIGHWAY 60; 5,5858 ACRES; FA-FARMING

AND LOVELAND UGA ZONING

This is a request for an amended plat to adjust the southern lot lines of Lots 11-15 in Eagle Crest Subdivision to coincide with an existing fence line. The amended plat would also vacate an existing drainage and utility easement along the south side of the affected lots and rededicate a new easement along the new south lot lines. Staff findings are: 1) Eagle Crest Subdivision was recorded in September 1996 and amended in November 1996. The developer and lot owners of Lots 11-15 in Eagle Crest Subdivision propose to amend the plat to create a separate tract to be deeded to the property owner to the south so that the common property lines will coincide with an existing fence line. The amended plat would vacate an existing 20' drainage and utility easement and dedicate a new 20' drainage and utility easement along the new south boundary of the affected lots; 2) The new tract created by the amended plat would not be considered to be a separate legal lot for the purposes of establishing a building site or for the purpose of additional boundary adjustments to create a building site. The tract is to be added to the property to the south through a separate add-on agreement; 3) No objections to the amended plat were received from utility providers or the County Health and Engineering Departments; Approval of the proposed amended plat would facilitate resolution of the boundary question between the properties shown on the amended plat and the adjacent property to the south.

The staff recommendation is for approval of the amended plat of lots 11,12,13,14 and 15 of the amended plat of Eagle Crest Subdivision, including the vacation of the drainage and utility easement as shown on the amended plat, with the following conditions: 1) The final plat for this amended plat shall include the following notes: a) With the exception of Tract C, the new lots created by this action are subject to the same restrictions, covenants and regulations as set forth in the plat of record of the amended plat of Eagle Crest Subdivision; b) A copy of the deed conveying Tract C to the adjacent property owner to the south shall be submitted to the Planning Department; 3) A metes and bounds legal description prepared by a Colorado licensed surveyor of the vacated drainage and utility easement shall be submitted for recording purposes.

4. GIBBS EASEMENT VACATION (#97-SA1132): PART OF SECTION 19,

TOWNSHIP 5 NORTH, RANGE 72 WEST: 773 NORTH LANE, NORTH

AND ADJACENT TO NORTH LANE, SOUTH OF AND ADJACENT TO

DEVIL'S GULCH ROAD; E-ESTATE ZONING

This is a request to extend a condition of approval for an approved vacation of a public road and bridle path easement. Staff findings are: 1) This is a reasonable request. The condition was imposed to assure the completion of the vacation request. Additional time to conclude the negotiations and paperwork is understandable. The staff recommendation is that the requirement for submission of the easements and agreements to be submitted to the Planning Department shall be extended for 60 days of Board of County Commissioners' action. These documents shall be approved as to form by the County Attorney for recording.

M O T I O N

Commissioner Disney moved that the Board of County Commissioners adopt the staff findings and staff recommendations and approve the Rockview Planned Unit Development Release of Warranty Collateral (#94-MS0575); Amended Plat of Lots 7 & 8 of Namaqua Hills Second Subdivision (#98-SA1250); Amended Plat of Lots 11-15 in Eagle Crest Subdivision (#98-S1321); and the Gibbs Easement Vacation (#97-SA1132); each, with the conditions as outlined.

Motion carried 2 - 0.

Mr. Wheeler noted that the applicant for the Rodarmel Minor Residential Development Appeal has requested that this item be tabled for three weeks.

M O T I O N

Commissioner Disney moved that the Board of County Commissioners table the Rodarmel Minor Residential Development Appeal until 3 p.m. on February 1, 1999, as requested.

Motion carried 2 - 0.

The hearing recessed at 3:05 p.m.

CONTINUATION OF LAND-USE PLANNING HEARING

(#428 @ 300, #429 & #430)

The Board of County Commissioners reconvened at 7:00 p.m. in regular session with Larry Timm, Director of Planning. Chair Olson presided and Commissioner Disney was present. Also present were: Jim Reidhead, Director Rural Land Use Center; Brenda Gimeson, RLUC Technician; Richael Michels, Planner II; Rex Burns, Project Engineer; Doug Ryan, Environmental Health Planner; Tony Simons, Wildfire Safety Coordinator; and Jeannine Haag, Assistant County Attorney. Recording Clerk, Sherry Graves.

1. WEATHERWAX FARMS PRELIMINARY RURAL LAND PLAN

(#98-RLP0016): 20 & 21-04-70 - 7-9 MILES NORTH AND WEST OF

LYONS IN THE VICINITY OF LARIMER COUNTY ROAD 37E AND

BLUE MOUNTAIN ROAD; 624 ACRES; 27 LOTS; O-OPEN ZONING

This is a request for preliminary approval to divide 624 acres in the following manner: Up to 27 residential units (including the owners existing residence) ranging in size from 5 acres to 20 acres each for a total of approximately 174 acres and approximately 450 acres of open space all protected from further development for 65 years by covenant. Mr. Reidhead introduced the applicants and submitted two letters regarding this proposal from Pat and Joe Harper in opposition and Max Brun in support; he reviewed the location of the property and noted that the land could be divided into seventeen 35-acre exemptions without County input or up to 62 single family sites if brought through the current subdivision process. Mr. Reidhead provided a quick overview of the property, noting that it is in the foothills and beautiful with ponderosa pine, natural grass meadows, many native plants/wildflowers, and rock outcroppings. Mr. Reidhead stated that there have been two neighborhood meetings held to hear the neighbors' concerns; he reviewed the benefits to the community and to the owner, the major concerns and issues, and some of the technical responses from reviewing agencies.

Staff findings include: 1) This proposal is consistent with the policies of the Rural Land Use Process: 1) The fact that up to 62 single-family residential units are possible under the current O-Open zoning of the property, the density and proximity of the neighboring residential development and the general Boulder County influenced development pressure within the immediate area, especially use-by-right 35-acre division of land, support our belief that this is an appropriate project, within both the spirit and letter of the Rural Land Use Process; 2) The site-based incentives (10 density bonus units, or 59%) provide the landowners with roughly equivalent benefits that they would obtain through dividing their property into individual 35-acre tracts. As proposed, this project will also provide commensurate benefits to Larimer County, immediate neighbors, and citizens in general; 3) RLUC staff and the RLU Advisory Board supports the Weatherwax Farms Preliminary Rural Land Plan based on the applicant's planning and design rationale for the location of the project's additional residential units, the landowner's willingness to participate in the areas two existing road associations to mitigate the costs of additional traffic, and the ecosystems and critical areas that will be left essentially intact. Support for this proposed plan takes into consideration the various other land development and design options, particularly the 35-acre alternative, for which there is no County review; 4) The plan is compatible with the existing neighboring land uses; 5) A RLUP final fee of $850.00 will be collected for each new dwelling unit constructed at the time of building permit issuance.

Questions from the Board and discussion followed; Commissioner Disney requested that better maps be included in the staff reports in the future and noted that there is a map program available on CD-Rom called TOPO. Commissioner Disney requested further clarification about some of the conditions and several revisions were made; he suggested that in the future, when the Board is reviewing proposals, that there be an existing agreement in place regarding road maintenance.

Robert Thorpe, representative for the applicants, complimented the expertise, professionalism, and courtesy of the staff with whom he has worked in Larimer County; he noted that he has known the Weatherwax Family for over 35 years and during that time has watched their stewardship of the land for over four generations. Mr. Thorpe reviewed a detailed topography map and described everything the applicants have done in working out the proposal being presented tonight; he noted that the development will occur in phases as roads are developed. Discussion of several issues ensued regarding roads and trails, possibility of an improvement district to generate revenue for road maintenance, etc.; Mr. Thorpe noted the applicants are in agreement with the majority of the conditions and open to creative things to alleviate any problems. Mr. Thorpe stated that they have a problem dedicating the roads in the project as public when all the surrounding roads around are private. There was discussion regarding the 40-acre flagpole parcel not being contiguous with the remainder of open space; it was decided that if they reduce lot sizes approximately six acres, that additional acreage left in open space will meet the open space requirement and the 40-acre site on the northwest corner will be eliminated from consideration. Mr. Thorpe noted that the applicants would be willing to participate in placing a trail through the open space.

At this time the public comment portion of the hearing was opened and the following persons addressed the Board with their concerns: Keith Mento, Steve Fankhouser, and Cindy Dziekan. Mr. Mento, owner of property to the east of the subject property, expressed concern about the 80 ft. sandstone cliff as he has had problems with kids climbing the cliff and vandalism and if the corridor below his property is opened to the public by a trail, he could have more problems and he asked about putting up a fence because it is a dangerous area and he doesn't want to be liable for kids falling off the cliff. Mr. Fankhouser, adjacent property owner, stated that he owns one of 6 of the permanent homes that currently use Blue Mountain Trail and a lot of the road maintenance is done by them personally and he believes the road association will be positively affected by larger per capital donations and he supports the proposal. Ms. Dziekan owns 120 acres above the subject property and is the Treasurer of the Blue Mountain Road Association and she feels that this proposal will favorably impact their association because having another 26 members supporting the road association to maintain the same amount of road would greatly enhance their budget for road grading and capital improvements. Ms. Dziekan stated that her only area of concern is regarding the conservation easement and she would like to see it changed from 50 years to "in perpetuity"; she noted she is in support of this project and submitted her letter supporting the proposed development.

Mr. Thorpe discussed two issues of concern and noted that the applicants will agree to conditions regarding fencing and posting of the access out of the property to the east and will agree to a conservation easement of 65 years rather than 50 years.

After further discussion, the conditions for the Rural Land Use Center Director/Staff recommendation of approval for the Weatherwax Farm Preliminary Rural Land Plan were amended as follows: 1) A traffic study must be completed at the intersection of Boulder County Road 71 and State Highway 36 to determine if any fees need to be collected to mitigate the impact or any improvements need to be completed on the State Highway. The landowner will be required to work with the Larimer County Engineering Department in devising a solution; 2) All homesites located in this development will be required to become ratified members of the two existing road associations and will pay a fair (pro-rata) portion of costs for maintenance and improvements of privately-maintained public access roads. Roads will remain private and not be dedicated public at this time; 3) All owners of residential sites will be required to participate in any future improvement district, for improvement of public access to area, if one is formed; 4) A brief drainage report will be required by the Engineering Department; 5) Approval of final engineering designs, including design of utilities, all weather surfacing of roads, emergency access design and control, ROW dedication, drainage, and stormwater plan, before final plat approval. A 15 ft. easement to be specified on one side of the road for utilities, as preferred by the developer; 6) Each lot shall include a building envelope. The goals of the envelope shall be to identify a house site with access to areas suitable for development of on-site sewage treatment systems and wildfire mitigation. A site plan will be submitted showing potential areas for septic systems in relation to the building envelopes; 7) Preliminary soil test data shall be submitted in the area of the lots 25 & 26 to allow a more thorough evaluation of the constraints they pose for development of septic systems; 8) Well permits must be obtained from the Colorado Division of Water Resources prior to obtaining building permits; 9) Homeowners' associations covenants, including architectural controls, will be reviewed and approved prior to final approval; 10) Developer will be responsible for providing a fire mitigation plan for this development approved by a professional forester with at least two years experience with wildfire hazards in the Rocky Mountain Region prior to final plat approval; 11) Residual land covenant review and approval before final plat; 12) Baseline Condition Report and management plan review and approval before final plat; 13) An annual monitoring report will be required for the residual land (open space), at the expense of owner of residual land; 14) Sufficient water supply must be maintained on the site for fire fighting purposes, as agreed to by the local fire protection district; 15) Review and approval of final development agreement by County Attorney; 16) The applicants agree to provide sales and other information to the Rural Land Use Center Director as necessary to insure that monitoring of the incentives can be conducted; 17) Owner or real estate professional shall provide purchasers of residential lots and the Farm with "Code of the West" at time of real estate closing; 18) The following notes shall also be included on the final plat: a) Engineered footing and foundations shall be required on all structures; b) 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 Planning Department. As an alternative, a builder may present a prepaid receipt for 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; c) Transportation Capital Expansion fees in effect at the time shall be paid at the time of building permit issuance, as required by the Engineering Department; d) School fees in effect at the time shall be paid at the time of building permit issuance; e) Park fees in effect at the time shall be paid at the time of building permit issuance; f) RLUP fees shall be paid at the time of building permit issuance; g) Mosquitoes: During certain time of the year, mosquitoes may present a significant nuisance. The County does not have a mosquito control program, so any spraying or other control will be the responsibility of the property owners; h) Wildlife: Rock squirrel populations exist in the general area surrounding this proposal and include local predator note on plat that homeowners must be notified that this is habitat for mountain lions, bobcats, rattlesnakes, etc. At times, rock squirrels are implicated in the transmission of plague to people or their pets. It is important that residents observe animal control requirements for both dogs and cats; I) Horse Pasture Management: If livestock is to be kept on the smaller parcels, the owners must be aware that lots of this size must be managed very carefully in order to maintain grass cover in the pasture. Overgrazing produces lots with bare ground and scattered weeks. Erosion and polluted runoff results from such a situation, and affect the lot owner, neighbors and the environment. The Larimer County Cooperative Extension Service has extensive information about pasture management. Please contact that office if anyone intends to keep livestock; 19) The applicant will agree to a linkage to a trail, if one is established in the future; 20) Existing lots will be adjusted so the acreage of open space meets the 2/3 requirement for open space; 21) The covenant will be time specific for 65 years; 22) "No Trespassing" signage and a fence will be provided on the east side of the property adjacent to lots 25 & 26 to prevent trespassing.

M O T I O N

Commissioner Disney moved that the Board of County Commissioners adopt the staff findings and the Rural Land Use Center Director/Staff recommendation and approve the Weatherwax Farms Preliminary Rural Land Plan (#98-RLP0016), with the conditions as revised and outlined.

Motion carried 2 - 0.

2. HERON LAKE CAMPGROUND SPECIAL REVIEW (#97-ZR1045):

EAST SIDE OF NORTH TAFT HILL ROAD, NORTH OF THE POUDRE

RIVER AND WESTERN MOBILE (LAFARGE), ½ MILE SOUTH OF

COUNTY ROAD 54G; 35 ACRES; O-OPEN ZONING

This is a request to develop a 200-space campground on 35 acres for year-round use. Ms. Michels noted that in addition to the campsites, accessory uses are planned to make the campground as self contained as possible, providing activities and services on site, including a small store and manager's apartment; she described the proposal in detail and reviewed the major concerns and issues. Ms. Michels noted that the property is "landlocked" in that it is completely surrounded by other properties with no street frontage and it takes access from Taft Hill across property owned by LaFarge (formerly Western Mobile); she noted that Lafarge and Heron Lake would share the same point of access from Taft Hill and Lafarge has concerns regarding access improvements, ongoing maintenance, and conflicts between their trucks and the patrons of the campground. Ms. Michels stated that the applicants are willing to install at least one turn lane on Taft Hill Road and they are proposing extensive landscaping to mitigate visual and noise buffering, both from this site and to this site from adjacent land uses; she noted that the 32 ft. sign the applicants have requested would technically violate the County's sign code and would require a variance for both size and location. Ms. Michels noted that the Larimer and Weld Irrigation Company, the owner of the Eaton Ditch, is in opposition to this proposal because of a primary concern of safety in that they believe campers will trespass on the property beyond the campground fence and try to use their irrigation facilities for recreation.

Staff findings are: 1) The proposal is in compliance with the Larimer County Comprehensive Zoning Resolution, Master Plan, and Mobile Home Resolution; 2) Larimer County Health, Engineering, and Planning, the City of Fort Collins, and other agencies have reviewed this proposal and have stated no objections to it so long as certain conditions are met; 3) The proposal will provide significantly more protection of potential gravel deposits and from property damage due to flooding than a more permanent land use such as a residential development; 4) The proposal will provide public benefit through the extension of sanitary sewer north of the Poudre River and providing improvements on Taft Hill Road that will increase the overall safety of travel in this area of gravel mining operations; 5) This proposal will not have a negative effect on the public health, safety, or welfare.

The Planning Commission/Staff recommendation is for approval of the Heron Lake Campground Special Review, with numerous conditions (which will be outlined in detail when a decision on this proposal is rendered by the Board), and approval of a variance from the County Access Code, as recommended by County Engineering in their December 23, 1998 memo to permit the construction of only one turn lane in the campground.

John Freeman, Architect and spokesman for the applicants, stated that when the applicants purchased this property five years ago, it was a disaster area, which now is completely restored, and their dream is to create a five-star premium RV Park. Mr. Freeman stated that they have a non-exclusive private easement through the Lefarge property into this property; he noted they are proposing 175 RV spaces, 30' wide by 70' long, and 25 tent camping spaces and the entire campground will be landscaped. Mr. Freeman submitted copies of the preliminary architectural drawings of the community building, an aerial photo of the area, and a picture of the 7 ft. high campground sign; he noted this is a very appropriate site for this use as the property is "landlocked", bordered by Western Mobile, 300 to 400 ft. from the river at all points, and they propose to fence and sign the property to actively discourage trespassing. Mr. Freeman stated that there are tremendous infrastructure costs with this proposal and they won't be in business until the year 2000. Questions from the Board followed; Mr. Burns stated that the Health and Engineering Departments are both concerned about the slopes of the side of the ponds for safety reasons.

Ms. Flood, applicant, reviewed their goals for this project and submitted pictures of what the site looked like in January 1994 when they purchased it and what it looks like now; she described in detail what they have done to improve the site and noted that they have planted over 1500 trees. Ms. Flood submitted a sheet of statistics taken from industry studies showing the type of camper they want to come to their campground; she stated that the most important statistic to note is the amount of money these people spend each day in the communities surrounding the campground.

Roger Clark, attorney for the applicants, stated that with respect to the concerns of Lafarge, there is a 40 ft. easement and the access that is used right now is done by a licensed agreement, but won't be the access that is used in the future, if the project is approved. Mr. Clark stated that issues have arisen between Lafarge regarding whose property the easement is on; he noted that four meetings have been held and this applicant has done all they can reasonably do, and are not opposed to continuing discussions in this regard. Mr. Clark stated that Engineering and Planning Staff have indicated that the measures proposed are satisfactory; he noted that one of the concerns of Lafarge is they prefer not to see the road paved at all. Mr. Clark stated that emergency evacuation is an issue that was raised and the Larimer County Emergency Management has approved the plan as of now as it includes elevated sites for the camping sites, elevated roads, elevated buildings, a warning horn in case of an emergency, advertisements to the clientele regarding the risk of emergency flooding, and this site will be on the Emergency Management call list. Mr. Clark stated that the applicants have tried to accommodate every concern raised and have responded to all concerns by the attorney for the ditch company in his letter of July 30, 1998. Mr. Clark stated that the applicants are asking that the condition be modified to allow a 40 ft. sign, which is the maximum height of structures in the O-Open Zone, to provide adequate notice to travelers who wish to access the campground and for emergency vehicles. Mr. Clark reviewed all the things the applicants have agreed to do on the site; such as, fencing the entire perimeter, trespassing signs and warnings of danger, campground rules and penalties that would include expulsion if someone violates the rules, etc. Mr. Clark noted that many of the concerns raised would also have applied if the applicant were pursuing uses that it has by right in the O-Open Zone. Mr. Clark reiterated that staff feels the proposed project is one of the more appropriate uses for this property; he submitted petitions signed by 36 persons in support of this proposal and a letter from Steve Kawulok of the Group indicating that he thinks from an economic standpoint, this is a good use of this property. Mr. Clark reviewed some of the conditions and proposed several revisions to those conditions. In response to questions, it was noted that the fence will be a 5 ft. chain link fence.

At this time the hearing was opened for public comment and the following persons addressed the Board: Greg Lindsay, Mayo Sommermeyer, Virgil Cline, Connie Stone, Bill Rashinsky, Darwin Roe, and Bill Martin. Mr. Lindsay, representative for Lafarge, concurred that the applicants have done a good job in improving the subject property; he submitted a map of the area and reviewed the history of operations in this area since 1953. Greg Lindsay discussed some of the safety issues with the proposal; he noted their business consists of a truck and loader operation and they process about 350,000 tons a year at current capacity, which can go up, and this amounts to about 28,000 trips across the road or 2 trips per minute. Mr. Lindsay stated that they have not agreed to approval for signs and want to review any proposal for signage before giving approval, primarily from a visual safety standpoint. Mr. Sommermeyer, speaking on behalf of the Eaton Ditch Company, stated that they are not insensitive to development around ditches, but the concern with this proposal is bringing this particular development and population segment (numbers) into this area as they are concerned about safety as the water runs 850 to 900 cubic ft. per second and they are opposed to bringing so many people in such close proximity to their ditch. Mr. Cline, owner and operator of the Farmer's Table Restaurant, believes this project could be extremely beneficial to the businesses along Taft Hill Road as it would generate revenue and sales tax. Ms. Stone, owner of property east of this project, stated that her first concern is so many conditions and feels that many of them should have been taken care of before the proposal came before the Commissioners for approval; she concluded that there are too many unknowns and conditions to be met for it to be approved tonight. She asked a number of questions and noted that all of the adjacent property owners are opposed to this proposal; she noted that this number of people will deter wildlife from the area and many of the conditions are dependent on 3rd party approval which should be obtained before approval. Ms. Stone stated that there needs to be a right-hand turn into the park; she noted it is a beautiful site and just because it is zoned for this use, doesn't mean it is an appropriate use. Mr. Rashinsky, adjacent property owner, expressed concern that this project will destroy his property with noise pollution and hurt their property values and lifestyle. Mr. Roe expressed concern about safety and noted that sometimes he waits 10 minutes to get onto the road because of traffic and the bridge is probably the most dangerous bridge in the Fort Collins area; he stated that they not only need a right-turn lane, but also need an acceleration lane on the right-hand side. Mr. Roe noted that this is in the flood plain and there is a tremendous amount of drainage from north of Highway 287. Mr. Martin expressed great concern about safety on Taft Hill Road and he can't conceive approval of this project at this site; he asked for clarification regarding the sewer being placed under the Poudre River.

In response to some of the concerns, Mr. Freeman stated that they have no intention to run a mobile home park for permanent residents; he noted that the flood plain crosses diagonally through the lake and they are elevating the road and tent sites 10 inches. Mr. Freeman stated that it will cost ¼ million dollars to bring the sewer system to this site and it will come to the north of the river to the entrance road and will be oversized for future development to the north; he stated that they can't have a privacy fence because it is in the flood plain and the flood has to flow through and so it has to be a chain link fence. With regard to the neighbors' concern about the turn lanes, Mr. Freeman stated that the variance they are requesting is to vary the State Highway Access Code from a 1985 version to a 1998 version, which will shortly be adopted, and so if they were here in a few months they wouldn't need to even request this variance. Mr. Freeman admitted that the bridge is dangerous and they are trying to make it as safe as they can. Nathan Katril, Engineer, addressed the issue raised regarding drainage from the north; he reviewed the map showing where the 100 year flood plain would be with the development in place and based on the FEMA Flood Map, all the RV sites and buildings will be 12 inches out of the flood plain and the water coming from the north is existing and what is being proposed will not change that. Mr. Clark discussed the 40 ft. easement on the east side and stated that this is a matter to be resolved between the two private parties; he noted that this is a fairly unique process and meets all the criteria and requirements and is in compliance with the zoning resolution and the Master Plan and should be approved.

Ms. Haag stated that the special review process is different from the normal subdivision process because usually at this level it is a request for preliminary approval, but with special review, this is final approval, subject to the conditions being met. Much discussion ensued regarding traffic impacts and Commissioner Disney stated that he wants more information regarding the accident history and safety issues at this site and he wants information regarding the cumulative effect on traffic of large RV's and construction trucks moving in and out of this site. Much discussion followed.

M O T I O N

Commissioner Disney moved that the Board of County Commissioners continue the Heron Lake Campground Special Review (#97-ZR1045) until January 25, 1999 to allow time for staff to do research on traffic and safety numbers and obtain additional information regarding a right-hand turn lane and accident report at this location.

Motion carried 2 - 0.

The hearing adjourned at 10:45 p.m.

PROCEEDINGS OF THE BOARD OF COUNTY COMMISSIONERS

TUESDAY, JANUARY 12, 1999

ADMINISTRATIVE MATTERS

(#431)

The Board of County Commissioners met at 2:00 p.m. in regular session with Neil Gluckman, Assistant County Manager. Chair Olson presided; Commissioners Disney and Rennels were present. Also present were: Deni LaRue, Community Information Manager; and Donna Hart, Commissioner's Office Administrative Manager. Recording Clerk, Gael Cookman.

1. APPROVAL OF MINUTES FOR WEEK OF JANUARY 4, 1999: (These Minutes do not include the Plus Land Use Hearings also held this week, the PLUS Minutes will be contained in a separate document as a complete set of Minutes that pertain only to this issue and are scheduled for approval on January 21, 1999.)

M O T I O N

Commissioner Disney moved that the Board of County Commissioners approve the Minutes for the week of January 4, 1999.

Motion carried 3-0.

2. APPROVAL OF THE SCHEDULE FOR THE WEEK OF JANUARY 21, 1999:

M O T I O N

Commissioner Rennels moved that the Board of County Commissioners approve the schedule of the week of January 21, 1999, as amended.

Motion carried 3-0.

- Ms. Hart reviewed pending invitations with the Board.

3. APPROVAL OF CONSENT AGENDA:

M O T I O N

Commissioner Disney moved for approval of the following documents as listed on the consent agenda on document review for January 12, 1999:

PETITIONS FOR ABATEMENT AND REFUND OF TAXES, as recommended by the County Assessor, were approved for the following: Karen & Alexander Undangaray; David & Jane Blandford; TNT Development; TAS Development; TAS Development; Arlene Boday; Spider Masonry, Inc.; and Source One Mortgage.

MISCELLANEOUS DOCUMENTS: Amended Plat of Glacier View Meadows Subdivision 2nd Filing, Lot 88; Amended Plat of Ramona Heights Subdivision, Lots 1,2,3,4, and 10; Mathey Minor Land Division; Amended Plat of Eagle Crest Subdivision, Lots 11,12,13,14, and 15; Final Plat for Sundance Cottage PUD; Change to page 17 of Contract #C98-75 pertaining to the Welfare to Work Contract, originally approved on December 29, 1998; Change to page 6 of Contract # 98-71 regarding Larimer County Census TA, originally approved on December 22, 1998.

LIQUOR LICENSES: License approval was granted to: Horsetooth Marina Resort, Inc. - 6% - Fort Collins, CO. Licenses were issued to: Windjammer Liquors - 6% - Loveland, CO.

A99-02 INTERAGENCY AGREEMENT/MOU BETWEEN THE BOARD OF COUNTY COMMISSIONERS AND FRANCHISE BUSINESS ACTIVITY-SEATTLE AND FORT COLLINS CASU (provisions for Employee Assistance Program for 1999)

A99-03 DETOXIFICATION SERVICES AGREEMENT BETWEEN THE BOARD OF COUNTY COMMISSIONERS AND ISLAND GROVE REGIONAL TREATMENT CENTER, INC.

A99-04 AGREEMENT BETWEEN THE BOARD OF COUNTY COMMISSIONERS AND STEVE AND CYNTHIA MONELL CONCERNING ROAD IMPROVMENTS ON COUNTY ROAD 72

R99-01g RESOLUTION ESTABLISHING COMPENSATION FOR LARIMER COUNTY APPOINTED OFFICIALS IN THE DISTRICT ATTORNEY'S OFFICE (AMENDED)

Motion carried 3-0.

4. BOARD REORGANIZATION FOR 1999:

M O T I O N

Commissioner Rennels moved that the Board of County Commissioners appoint Jim Disney as the Chair Pro-Tem for 1999 and authorize him to buy and sell real estate in the absence of the Chair upon approval of the Board.

Motion carried 3-0.

M O T I O N

Commissioner Disney moved that the Board of County Commissioners appoint Cheryl Olson as the Chair for 1999 and authorize her to buy and sell real estate upon approval of the Board.

Motion carried 3-0.

M O T I O N

Commissioner Rennels moved that the Board of County Commissioners adopt the policy on the Board of County Commissioners Division of Responsibilities for 1999.

Motion carried 3-0.

P99-01 POLICY REGARDING BOARD OF COUNTY COMMISSIONERS

DIVISION OF RESPONSIBILITIES FOR 1999

M O T I O N

Commissioner Disney moved that the Board of County Commissioners adopt a Resolution designating the door to the northeast entrance to the County Courthouse as the public place for posting notice of Commissioners' meetings.

Motion carried 3-0.

R99-02g RESOLUTION DESIGNATING THE PUBLIC PLACE IN WHICH NOTICE IS POSTED OF MEETINGS OF THE BOARD OF COUNTY COMMISSIONERS

5. PLANNING COMMISSION APPOINTMENTS:



M O T I O N

Commissioner Rennels moved that the Board of County Commissioners appoint Richard Bachand and Dennis Miller to the Planning Commission, with terms effective January 12, 1999 and ending June 30, 2001.

Motion carried 3-0.

6. COMMISSIONER REPORTS:

- Commissioner Rennels noted that she attended the Fairgrounds Event Center Task Force meeting and was very impressed with the work they had done thus far.

- Commissioner Disney explained that he attended the "Sounds of Nature" celebration in Estes Park; he also requested that the Chair Olson and Commissioner Rennels start becoming more involved with what is happening with the Estes Valley Planning Commission's re-write of the zoning laws in Estes Park as this will soon come before public hearing.

Some discussion followed regarding filling vacancies on the Planning Commission and forming the Animal Task Force.

- Mr. Gluckman explained that February 2, 1999 is Career Day and there will be approximately twenty students from Webber Junior High coming to the County for this event; he noted that the students usually break-out into groups of four or five and shadow selected individuals, but he suggested that this year they might have the students attend Administrative Matters and then hold a luncheon with the rest of the elected officials for a question and answer period. The Board agreed that this would be a good idea.

Meeting adjourned at 2:35 p.m.; no further action taken.

___________________________________________

CHERYL OLSON, CHAIR LARIMER COUNTY

BOARD OF COMMISSIONERS

MYRNA J. RODENBERGER

LARIMER COUNTY CLERK & RECORDER

( S E A L )

ATTEST:

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Sherry E. Graves, Deputy County Clerk

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Gael M. Cookman, Deputy County Clerk












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