PROCEEDINGS OF THE BOARD OF COUNTY COMMISSIONERS

Monday, June 5, 2000

LAND USE PLANNING MEETING

(# 615 & 616)

The Board of County Commissioners met in regular session at 3:00 p.m. with Larry Timm, Director of Planning. Chair Olson presided and Commissioners Disney and Rennels were present. Also present were Matt Lafferty, Planner II; Carol Evans, Planner II; Marc Engemoen, Director of Public Works; Tom Garton, Chief Building Official; Doug Ryan, Environmental Planner; Rex Burns, Project Engineer; and Jeannine Haag Assistant County Attorney. Recording Clerk: Gael Cookman.

Chair Olson stated that item #1. Colland Center 3rd Filing Lots 1 & 13 Amended Plat #00-S1581 has been removed from the agenda and the following items are consent and would not be discussed unless requested by the Board or members of the audience.

2. AMENDED PLAT OF LOTS 226 AND 227, PINEWOOD SPRINGS 8TH FILING: SE 1/4 29-04-71; ON THE NORTH SIDE OF MOHAWK DRIVE, APPROXIMATELY 1.5 MILES NORTH OF THE BOULDER/LARIMER COUNTY LINE ON U.S. HWY 36.

This is a request to 1. Amend plat to relocate the common lot line between lots 226 & 227 Pinewood Springs 8th Filing; 2. Vacate existing 10-ft. Utility Easement currently located 5-ft on each side of the common lot line between Lots 226 & 227; 3. Dedicate 10-ft. Utility Easement to be located 5-ft. on each side of the new lot line between Lots 226 and 227. Staff findings include 1. The Pinewood Springs 8th Filing was recorded in 1964; 2. The applicant proposes to relocate the common lot line between Lots 226 & 227. Each of the resultant lots is to be used for single-family dwellings; 3. The applicant is requesting that the Larimer County Board of Commissioners vacate an existing 10-ft. utility easement and dedicate a new 10-ft. utility easement as identified on the Amended Plat; 4. An existing Single Family Residence is located on Lot 226; 5. Review comments as noted in the attachments to this report must be addressed by the applicant prior to recording of the Amended Plat. Staff recommendation is for approval of the following subject to the Conditions for Approval as noted: 1. Amended Plat of Lots 226 and 227, Pinewood Springs 8th Filing; 2. Request to vacate the existing 10-ft. Utility Easement as noted on the Amended Plat; 3. Dedication of a 10-ft. Utility Easement as noted on the Amended Plat. Conditions of Approval to be completed prior to recording the Amended Plat of Lots 226 and 227, Pinewood Springs 8th Filing: A. Provide information as identified in Memo from Dale Greer dated May 4, 2000; B. Provide information as identified in Memo from Dale Greer dated May 18, 2000; C. Provide information as identified in Memo from Candace Phippen dated May 10, 2000; D. Applicant to provide written statement from the Larimer County Health Department stating that they have inspected and approved the proposed locations for a Water Well and Septic System on Lot 227; E. Provide lot dimensions along the north property line of Proposed Lots 226 and 227 at bearing N 770 23'48"E; F. The following note is to be added to the Amended Plat: "All building setbacks shall be those as required at the time of the initial approval of the Pinewood Spring 8th Filing.

3. AMENDED PLAT OF THE AMENDED PLAT OF LOTS 96 AND 97, CRYSTAL LAKES 9TH FILING AND VACATION OF UTILITY AND DRIVEWAY EASEMENTS: 25-10-74; WEST OF THE COMMUNITY OF RED FEATHER LAKES

This is a request for an amended plat to adjust the common lot line between Lots 96-A and 97-A and to vacate a utility easement and a driveway easement on Lot 96-A. Staff findings include 1. Crystal Lakes 9th Filing was recorded in 1975. The applicants propose to adjust the common lot line between Lots 96 and 97, resulting in lots of 1.96 and 3.65 acres for the existing single family dwellings located on the properties. The request to vacate the utility easement along the common lot line and the driveway easement on Lot 96 is included in the amended plat request; 2. There are no objections to the proposed amended plat from utility providers or County staff; 3. The applicants have requested a lot size variance for Lot 97 which, at 1.96 acres, will not meet the minimum lot size requirements of 2.5 acres for the E, Estate Zoning District. The variance request was approved by the Board of Adjustment on May 23, 2000; 4. The proposed amended plat and easement vacations are consistent with existing lots and development in Crystal Lakes 9th Filing and the general area and is consistent with the requirements of the Larimer County Land Use Code. Staff recommendation is approval of the Amended Plat of the Amended Plat of Lots 96 and 97, Crystal Lakes 9th Filing and the requested utility and driveway easement vacations with the following condition: 1. Plat corrections for depicting the utility easements, lot numbering and ownership must be completed prior to recording the Final Plat.

4. OVERLAND VALLEY REZONING: NORTHEAST 1/4 OF SECTION 8, T 7 NORTH, R 69W; PROPERTY IS LOCATED WEST OF OVERLAND TRAIL ROAD, BETWEEN VINE DRIVE AND LAPORTE AVENUE.

This is a request to rezoning from I-Industrial to FA-1 Framing. Rezoning will permit one single-family residence to be built onsite, a use that is not allowed under I-Industrial zoning. The parcel is 6.78 acres. Staff recommendation is that the request meets the requirements of the Larimer County Land Use Code and would therefore recommend that the Board of County Commissioners approve the Overland Valley Rezoning, File #00-Z1332 and that the applicant comply with the following conditions that were stipulated by the Poudre Fire Authority (PFA): 1. Address numerals on any future residence must be at least 6 inches high, on a contrasting background; 2. A fire lane (driveway) must be constructed on any future residence according to specifications listed in Other Major Concerns and Issues so that PFA could have access to the residence if necessary.

Planning Staff supports the applicant's appeal to waive the Poudre Fire Authority's requirement for installation of a fire hydrant.

M O T I O N

Commissioner Disney moved that the Board of County Commissioners approve Pinewood Springs 8th Filing Lots 226 & 227 Amended Plat #00-S1582; Crystal Lakes 9th Filing Lots 96 & 97 Amended Plat & Easement Vacation #00-S1549; and Overland Valley Rezoning #00-X1332.

Motion carried 3-0.

5. VALLEY BUSINESS PARK PUD AND REZONING PRELIMINARY PHASE PLAN STAGE: SW 1/4 OF SECTION 9, TOWNSHIP 7 NORTH RANGE 68 WEST - MORE SPECIFICALLY THE SUBJECT SITE IS LOCATED ON THE NORTH SIDE OF STATE HIGHWAY 14 (MULBERRY STREET) APPROXIMATELY 3/4 OF A MILE WEST OF INTERSTATE 25.

Mr. Lafferty explained that this application has been continued from the May 8, 2000 hearing and that it is a request to: A. Rezone a portion of the project site from I (Industrial) to C (Commercial), and B. Preliminary Phase Plan approval to divide a 40.53 acre parcel into 18 lots for commercial and industrial uses. He noted that the outstanding issues basically pertain to the wildlife habitat (the Cooper Slough) and whether or not the proposed 300-foot buffer zone is adequate. Mr. Lafferty noted that Staff recommends approval of the A. Request to rezone a portion of the property from I (industrial) to C (Commercial); and B. Valley Business Park PUD - Preliminary Phase Plan Subject to the conditions outlined in the staff report.

Chair Olson explained that the Board would move into the discussion phase of this hearing and that no further public comment or testimony from the applicant would be considered. Commissioner Rennels asked if there had been further discussion between the applicant and the City of Fort Collins; Mr. Lafferty explained that there had not been any additional communications except for a letter stating that the applicant has never received a formal offer from the City to purchase any part of the site, and the applicant does not want to sell any portion either. Commissioner Disney stated that the expert advice of the Division of Wildlife (DOW) could not be ignored and since the DOW recommended 300 feet as a minimum buffer for this project, then he believes that the applicant needs to go back to the drawing board and find a way to meet the 300 foot buffer minimum. Commissioner Disney also had concerns on how they would monitor the "no activity" zone. Chair Olson agreed, but felt that the applicant should be afforded the Board's comments on the rest of the application as well. The Board collectively addressed the following concerns: a. Item 17 - rewrite to make clear what "water" is being considered (surface water or groundwater). b. Item 19 - requiring annexation. c. Item's 20 & 21 regarding landscaping - how would initial installation of landscaping be achieved and maintained during construction. d. Item 30 - how to benchmark the status and define whether or not the construction had adversely affected the Cooper Slough, and how long the developer would be responsible for monitoring this.

At this time the applicant asked to withdraw the PUD portion of his application and but proceed with the rezoning request.

M O T I O N

Commissioner Disney moved that the Board of County Commissioners approve the request to rezone that portion of the property from the current Commercial boundary extending north to the proposed Weiker Drive alignment, from I - Industrial to C - Commercial.

Motion carried 3-0.

  1. BUILDING CODE AMENDMENTS: SECTION 3102.1.1 OF THE 1997 UNIFORM BUILDING CODE
  2. Mr. Garton noted that this is a request to establish emission standards for wood stoves, fireplaces, and fireplace inserts in Larimer County. He noted that Staff Recommendation is for approval of the proposed amendment effective July 1, 2000, and that the areas west of range 71 and areas north of and including the north half of Township 10 Range 68, 69, 70, and 71 be exempt. The building department will provide the incentive of no building permit fee for replacing of fireplaces and stove with phase III fireplace inserts and stoves in all areas of Larimer County. Mr. Garton explained that the higher elevations are proposed to be exempt since the population in these areas is not as concentrated. Mr. Ryan agreed that the devices do not burn as effectively at the higher elevations and can emit more pollutants as a result; he also noted that the pollution could be worse due to less oxygen in the air.

    Chair Olson opened the hearing up for public comment and Ron Klein, Berthoud resident, addressed the Board and presented a handout of his suggestions regarding this amendment to the Building Code. Mr. Klein noted that in his opinion this issue has already been resolved by industry since all new stoves are required to meet the Class III standards for emissions; he stated that because of this the Board could make better use of taxpayer dollars by not spending time and resources on this issue. Tom Bender noted that he is also a wood stove owner, and that he agrees with Mr. Klein; he stated that air pollution is not as much of a problem since technology and regulations are making the air cleaner.

    Chair Olson closed public comment and moved into the discussion phase of the hearing. Commissioner Rennels stated that she agreed the wood stove portion was not as much of an issue since the newer stoves being built are in compliance with regulations; however, she stated that the fireplaces are an issue since people can still build masonry fire places that pollute the air. Commissioner Rennels also noted that if the Board were to make this change to the regulation, then it should apply to all of Larimer County, regardless of the altitude/height of the residence. Chair Olson noted that she agreed that the regulation should apply to all of Larimer County, and that it should include the wood burning stoves, even though they are not as much of a problem. Chair Olson agreed with Mr. Bender's statement that regulations are helping clean up the air; therefore, this regulation would be another effort in helping reduce air pollution. Commissioner Disney recommended placing the list of approved devices on the County's Web site in order to make it easier for the public to comply with this regulation.

    M O T I O N

    Commissioner Rennels moved that the Board of County Commissioners approve of the Building Code Amendment, effective July 1, 2000, with the following requirements: 1) The Amendment will require all new wood stoves and fireplaces to meet Phase III emission standard for wood stoves established by the Colorado Air Quality Control Commission, or any other clean burning devices that is approved by the Colorado Air Quality Control Commission. 2) As of the adoption date of the Amendment, Larimer County, as an incentive to homeowners to convert to cleaner Phase III wood stoves, Phase III fireplace inserts, and gas or electrical fireplaces, will waive the building permit fee associated with the conversion of or to such units. 3) The list of approved devices will be posted and maintained on the County Web site. 4) The following wording from Mr. Klein will be included: "All previously installed solid fuel burning devices shall be allowed to remain in use until such time as the owner of that device chooses to voluntarily replace it with a device which meets the requirements of this amendment."

    Motion carried 3-0.

  3. HERON LAKE CAMPGROUND SPECIAL REVIEW: EAST SIDE OF NORTH TAFT HILL ROAD, NORTH OF THE POUDRE RIVER AND WESTERN MOBILE (LAFARGE) ABOUT 1/2 MILE SOUTH OF COUNTY ROAD 54G.

Ms. Evans noted that this is a request for clarification of the record regarding provision of domestic water for the Heron Lake Campground Special Review; she noted that the applicants request the option of an on-site public water treatment system as an alternative to service provided by West Fort Collins Water District. Staff findings include 1. The Heron Lake Campground Special Review was conditionally approved by the Board of County Commissioners in January 1999. The representation of record was that domestic water for the campground would be provided by connection to West Fort Collins Water District lines. The subject property is within the service area of that District; 2. The conditional approval of the special review use was based in part on the provision of adequate public facilities and provisions for public health and safety by the use of West Fort Collins Water District water and City of Fort Collins sewer for the campground; 3. The applicants are asking to be allowed to consider the development of an on-site (well) water supply as a public non-community water system. This system would be an alternative to the original proposal of connection to the West Fort Collins Water District system; 4. Property developed within a service area of a Water or Sewer District should be served by that District unless it is technically infeasible to do so. Allowing development of on-site systems where service is technically feasible can create conflicts for future expansion of service to other properties in that area; 5. No information or evidence has been provided regarding the feasibility or adequacy of the proposed alternative on-site water supply. This information and compliance with applicable State regulations would be required if development of an on-site water supply is allowed. Staff recommendation is that the development of the Heron Lake Campground Special Review continue to be in accordance with the original plan and representations of record for the provision of domestic water by the West Fort Collins Water District. Development of an on-site water system for domestic water for the campground use shall not be allowed.

Rick Zier, representative for the applicant, noted that they would prefer to use a State approved public water system, but they no longer wish to be limited to the West Fort Collins Water District as the cost to do business with them proved to be incredibly expensive. Mr. Zier further noted that they would also like the option to use their well water and create their own on-site public water treatment system that would be operated year-round by licensed personnel. Miriam Flood, applicant, emphasized that public health and safety is extremely important; she explained that they have a lot of experience with water treatment facilities and, if given the opportunity, they would ensure that their on-site water treatment system would meet all of the regulations set forth by the Colorado Department of Health, even though a system of their size would be exempted from some of these regulations. She stated that they would ask the Board to make compliance with the State of Colorado New Water System Capacity Planning Manual a condition of approval. Ms. Flood also explained that the well water is safe for drinking right now, even without treatment. Chair Olson asked how this might affect the water levels of her neighbors and Jim Gallenstein, co-applicant, explained that there are 730 acres of "open bottom" lakes in this area that should provide an endless supply, but that they would need to purchase water rights for this project.

Chair Olson opened the meeting up for public comment and Darwin Roe addressed the Board stating his concerns on how this on-site water system might affect his water upstream. Much discussion ensued on how Mr. Roe's water levels might be affected and about how monitoring of neighboring wells could possibly be achieved.

Chair Olson closed the public comment portion of the hearing and moved into the discussion phase. Chair Olson stated that she does not believe that water districts should be holding developers hostage, and she did not have any objection to allowing the applicants to use any State approved public water system or constructing their own on-site Public Non-Community Water System as an alternative, so long as they follow the State regulations. The additional Board members concurred.

M O T I O N

Commissioner Rennels moved that the Board of County Commissioners approve the Heron Lake Campground Special Review, #97-ZR1045, with changes to the conditions as follows: 1. The Heron Lake Campground Special Review is subject to the conditions contained in the Findings and Resolution approving the Petition of Heron Lake Campground as recorded on June 23, 1999 at Reception #99055412. Condition #1 shall be interpreted as allowing development of an on-site Public Non-Community Water System as an alternative to provision of domestic water by a Public Community Water District. 2. If domestic water is not provided by a Public Community Water District, then the applicants shall meet the following requirements: a. Provision of a safe and reliable year-round Public Non-community Water System (as defined in the Colorado Primary Drinking Water Regulations). b. Provision of verification from the Colorado Division of Water Resources that adequate permanent water rights are available to support the water system. c. Plans for water pumping, treatment and the distribution system must be approved by the State's Water Quality Control Division. d. Plans for operation and maintenance of the water system must be approved by the State's Water Quality Control Division and the County Department of Health and Environment. e. The installation of the water system must be completed prior to occupancy. f. The water system shall meet the State of Colorado New Water System Capacity Planning Manual requirements. 3. Any revisions to plans for fire protection must be reviewed and approved by the Poudre Fire Authority prior to occupancy. Information regarding any chemicals to be kept on-site for water treatment must be provided for Fire Authority review. The applicants shall comply with applicable fire protection and hazardous materials requirements of the Poudre Fire Authority.

Motion carried 3-0.

The hearing recessed at 5:45 p.m.

 

LAND USE PLANNING MEETING

(#117 & 118)

The Board of County Commissioners reconvened at 7:00 p.m. in regular session with Larry Timm, Director of Planning. Chair Olson presided and Commissioners Disney and Rennels were present. Also present were Rob Helmick, Senior Planner; Doug Ryan, Environmental Planner; Marc Engemoen, Director of Public Works; Rusty McDaniel, Project Engineer; and Jeannine Haag, Assistant County Attorney. Recording Clerk: Jean O'Connor.

This item is continued from April 17, 2000 for final action:

1. KYGER/LAFARGE PIT SPECIAL REVIEW: 13-06-68; NORTHWEST CORNER OF HIGHWAY 392 AND COUNTY ROAD 1

Chair Olson explained that this hearing is for the purpose of Board discussion and consideration of conditions based on the previous hearing and work session. Public comment concerning the item was closed during the April hearing.

Mr. Helmick presented staff recommendations and briefly described the request for special review approval for sand and gravel mining on 160 acres, with on site processing and batch facilities. Staff recommendation is approval of the Kyger /Lafarge Pit Special Review, file # 99-Z1307 with the following conditions: 1. Operation of the Kyger/Lafarge Pit shall be for those uses specified in the Staff Findings in this report; 2. The applicant shall comply with the following requirements of the Larimer County Engineering Department; a. No parking, loading or unloading of any vehicles is allowed in the County right-of-way; b. Trucks shall not back onto or use the County Road for a turnaround; c. Larimer County will not issue overweight permits for trucks, and reserves the right to spot check weight on loaded trucks; d. The applicant is responsible for prompt and complete removal of material spilled onto the County roadway; e. The applicant will provide a revised Traffic Impact Analysis as requested and make any road improvements as may be required as a result of this revised study; f. Applicant shall improve County Road 1 consistent with the recommendations outlined in the subsurface roadway assessment; g. The applicant shall provide an acceptable floodplain study of the Poudre River, prior to final action by the Board of County Commissioners, to ensure mining activities will not adversely affect the floodplain; 3. The applicant shall comply with the following requirements of the Larimer County Health and Environment Department; a. Before final approval, the applicant shall provide the County with an air quality impact model, estimating potential particulate matter concentrations and their relation to potential crystalline silica concentrations, for review and approval by the Department of Health and Environment. This report must demonstrate that particulate matter concentrations at downwind properties will not be expected to exceed National Ambient Air Quality Standards for PM-10 concentration, and that silica content of the mined material is within expected ranges; b. Before starting operations on the site, the applicant shall provide the County with proof of obtaining a Colorado Air Emissions Permit for the mining operation; c. Activities associated with this use shall be conducted in accordance with the fugitive dust control plan and Air Emissions Permit; d. Before starting operations on the site, a Colorado Process and Stormwater Discharge Permit for he mining and processing operation shall be submitted; e. Activities associated with this use shall be conducted in accordance with the Stormwater Management Plan and the Colorado Process and Stormwater Discharge Permit; f. The quarry and processing operations shall be conducted in accordance with the submitted noise mitigation plan and the Ordinance Concerning Noise Levels in Unincorporated Larimer County (Ordinance No. 97-3); g. The applicant shall agree to use a licensed firm to provide bottled water and chemical toilets for employee use; 4. The applicant shall comply with the following requirements of the Larimer County Planning Division; a. The applicant must comply with the State noxious weed regulations, as recommended by the Larimer County Weed District Manager; b. The total current maximum ADT will be no more than 405 trips per month with a final number to be determined by Larimer County Engineering; 5. The applicant must comply with the requirements of the Windsor Severance Fire District regarding the placement of fuel tanks, and buildings. The applicant shall work with the District to develop a flood event hazardous materials plan; 6. The applicant is required by Colorado State Law (35-5.CRS1990) to submit a Weed Management Plan. The applicant must register a contact person with their office, and updated by January 30th of each year; 7. The applicant will plant landscape visual barriers to the north prior to construction, as shown on the mining plan. The intent of these buffers is to limit visual access to the site and not entirely screen the use. The applicant shall be responsible for the maintenance of the landscaping for the life of the operation; 8. The applicant agrees to provide notice to the purchasers of all materials that through truck/haul traffic on WCR. 13 and CR 32E is prohibited; 9. Applicant agrees to pay all county and Regional Road Capital Expansion Fees. 10% of this fee shall be held in reserve for application to improvements associated with Hwy 392. This 10% shall be held for the life of the application and if not used in that period shall be returned to the overall pool of funds. It shall be used on Hwy 392 projects only if the Town of Windsor participates similarly with fees and improvements; 10. The applicant shall construct the raised island design unrestricted right (westbound) turn lane/acceleration lane with extended taper from CR 13 to Hwy. 392. The construction shall be according to plans approved by CDOT. No material shall be hauled from the site until the improvements are installed and approved by CDOT. The applicant/operator shall participate in other needed highway improvements along Hwy. 392 (signalization and CR 3 climbing lane improvements) based upon a plan approved by the Board of County Commissioners, the Colorado Department of Transportation and the Town of Windsor, which comprehensively assigns physical and financial responsibility to existing and new developments that impact the highway. Haul traffic shall be limited to no more than 20 truck trips (10 in -10 out) per hour from the site between the hours of 7 am and 8:00 am. The County Engineering Department shall monitor the tracking of material onto the County Road and Highway. If it is determined by the County Engineering Department that material tracking is a problem the applicant shall install either anti tracking devices or vehicle washing systems at all exit locations to the pit to limit the amount of material tracked on to WCR 13 and Hwy. 392; 11. The hours of operation shall be 7 am to 7pm or dark, which ever comes first, M-F and from 8am to noon on Saturdays with maintenance activities allowed until 5:00 p.m. These activities shall include fueling and repair of equipment and facilities but may not include mining, production of material or the hauling of material.; 12. The batch plants proposed with this application are specifically not approved; 13. The applicant shall establish and maintain a phone hotline. The purpose of this phone line shall be to inform the public of the status of required monitoring and operations. The site shall provide for feed back from the public. The operator shall establish a system of quarterly meetings, to advise the nearby HOA's of issues and resolution, and provide a forum for discussion of issues. Any changes that are necessary to the operation will need to be reviewed and approved by the Board of County Commissioners, including amendments to the Special Review; 14. The applicant shall take the following noise mitigation measures: a. All MSHA safety backup beepers shall be monitored and their sound levels reduced to the lowest allowed by MSHA; b. All generators, crushers and mechanical equipment shall be provided with baffles and enclosures. These enclosures shall incorporate sound deadening measures such as walls with sandbags or insulation or portable screens; c. The location of stockpiles shall be considered in the reduction of noise. Stockpiles will whenever possible be located to reflect noise away from nearby residential areas. Stockpile may exceed 20 feet in height when the additional height is necessary to further screen the operations of the pit from the potentially affected areas; d. For all phases the mine face will be opened away from the residential areas, keeping the working face of operations oriented away from the residential areas; e. Crushers shall be located in the pit floor when feasible; 15. The applicant shall perform initial dust testing prior the commencing operation to establish baseline conditions. The applicant shall conduct monitoring during the initial phase of operations to insure that the air quality modeling is accurate; 16. The applicant shall prepare driver education information for use at the pit. This can include pamphlets and signs, which clearly indicate the agreement the applicant has entered into with the County and the HOA's. Specifically, this information needs to include the travel restriction on WCR 13 and CR. 32E, The prohibition of use of the CR 3 acceleration lane for climbing purposes, the request to limit the use of "Jake Brakes", and the state requirement for covered loads; 17. The applicant/property owner shall dedicate the requested additional ROW on the West Side of CR. 901/WCR 13. This dedication shall occur at the time of the requested final release of Surety from the Division of Minerals and Geology, Mined Land Reclamation. The applicant is required to notify both the Board of County Commissioners and Planning Department of the requested release. Any changes in the operations from those in the file or in conditions of approval will require review and approval by Larimer County.

Much discussion ensued regarding the proposed conditions. Mr. Gary Tuttle, representative of the applicant, addressed the Board with the following concerns in the newly presented conditions: 1. Condition #11 requires raised islands on the east and west sides of the intersection- Who pays for these improvements and the applicant does not own right-of-way (ROW) on the east, so who buys the ROW? 2. Condition #11, 3rd paragraph- The applicant understood the requirement for 20 trucks in the peak morning hour of 7 - 8 a.m., not 8:30 a.m. and requested that the condition state the already agreed hour and 20 trucks in or out. 3. Condition #13, placement of batch plants- The applicant requests the word "place" be replaced with "operate" after Planning Director. 4. Condition #14- The applicant does not have the capability to maintain a web site and requests the phone line be the only requirement.

Chair Olson asked Mr. Ryan to address air quality. Mr. Ryan stated there are two specific criteria for air quality 1. State permits-, which the applicant has applied for and received, and 2. Impacts of particulants- the applicant has prepared an air emission model, which has been reviewed and approved by County staff and the State.

Commissioner Disney inquired about hazardous materials (HazMat) being stored on the site. Mr. Ryan stated that HazMat is managed by the requirement for a Stormwater Management permit through the State and storage of such would be to the extent possible, out of the flood fringe. Commissioner Disney asked if the operation would exceed the limits of the County Noise Ordinance. Mr. Ryan stated that the noise ordinance applies to residential sites in unincorporated Larimer County only. However, Mr. Ryan stated that he evaluated this sites' existing noise levels and without the operation, background noise exceeds the ordinances maximum decibels. Commissioner Disney stated that safety concerns on Hwy. 392 are of a daily concern and asked if improvements could be made as soon as possible. Ms. Gloria Hice-Idler, Colorado Department of Transportation (CDOT) stated that CDOT would meet with the County to address a "climb lane", however that improvement was not the responsibility of the applicant. Commissioner Disney asked if money in the "Safety Dollar Pool" could be used to make the improvements immediately. However, Commissioner Disney questioned, if the projected cost is over a specific amount, the request would need to be reviewed by the Northern Front Range Transportation Council. Ms. Hice-Idler replied in the affirmative. Chair Olson asked if a condition could be added to address trucks using the climb lane as a passing lane and Mr. Helmick stated that the Board could require the applicant to provide their drivers with a "Rules of the Road" pamphlet and/or training.

Commissioner Disney asked about the citizens who have stated that the site is an archeological site. Mr. Helmick stated that he believed, as part of the State permit process, a search is conducted and the results apparently do not substantiate this claim. Commissioner Disney asked Mr. Ryan to address odor. Mr. Ryan stated that in 15 years, one complaint had been received and the reason for the odor was that the asphalt had been heated to too high a temperature.

Mr. Helmick, upon return from a break, informed the Board that the neighbors and the applicant had previously agreed to some conditions, which were not articulated to staff prior to this hearing, and reviewed them for the Board.

Commissioner Disney stated that the main issue/concern heard during the hearings was transportation related and encouraged the citizens to continue to call their State Representatives (Reeves and Johnson) since they allocate dollars to CDOT. Another concern, Commissioner Disney continued, was compatibility and upon receiving an email from a citizen informing him of the number of mining operation visible from Ptarmigan Country Club, it became obvious there is not a compatibility issue. Commissioner Disney also stated that a lack of notification issue was raised and agreed the applicant chose a poor site in which to place the sign, however it was posted legally. Lastly, Commissioner Disney reminded those present of the commitment from CDOT to address the safety concerns at County Road 3 as soon as possible.

Commissioner Rennels thanked all involved in their efforts to work together and compromise, which she noted, did not include the Town of Windsor making any effort to collect impact fees in order to assist in the safety improvements for residents.

Chair Olson reminded everyone that 392 is a highway, which is greatly impacted by development. It is the citizens, she noted, that have gotten the attention of the Town of Windsor and CDOT telling them the ever worsening condition of highway 392. Chair Olson noted that testimony has shown that the condition of 392 is not the result of this applicant although he will contribute a fair share toward improvements.

Commissioner Disney stated that as a condition of approval, Larimer County will take 10% of the applicants impact fees and place them in a special account specifically for improvements to Highway 392 on the condition that the Town of Windsor participate similarly with fees and improvements, until such time that the operation ceases and at which time the funds will revert back to the county fund.

M O T I O N

Commissioner Disney moved that the Board of County Commissioners approve the Kyger/LaFarge Pit Special Review #99-Z1307 as presented, amended and revised above, and with the deletion of any type of "Batch Plant" to be located on the site.

Motion carried 3 - 0.

There being no further business, the hearing was adjourned at 9:30 p.m.

TUESDAY, JUNE 6, 2000

ADMINISTRATIVE MATTERS

(#619)

 

The Board of County Commissioners met in regular session with Frank Lancaster, County Manager at 9:00 a.m. Chair Olson presided and Commissioners Disney and Rennels were present. Also present were Larry Timm, Director of Planning; Kathy Snell, Director of Human Services; Carol Block, Director of Finance; Donna Sena, Human Services; Roberta Tolan, Extension; George Hass, County Attorney; Jeannine Haag, Nate Donavan, Brian Treu, Assistant County Attorneys; Donna Hart, Commissioners Administrative Manager; Deni LaRue, Community Information Manager; and Neil Gluckman, Assistant County Manager. Recording Clerk: Jean O'Connor.

  1. PUBLIC COMMENT: Mr. Tom Bender addressed the Board on behalf of the Larimer County Farm Bureau regarding a newspaper article pertaining to new commercial and home business restrictions for agriculture and areas in the O-Open Zoning District. Mr. Timm explained that the new Land Use Code is less restrictive than the old regulations to which Mr. Bender replied that he was not aware there were previous regulations. Mr. Bender further stated there are too many regulations and that he was unaware of the requirement to get a permit for replacing a hot water heater. Mr. Bender felt that any permit requirements, after the initial permits for building the home, were not necessary.

2. APPROVAL OF THE MINUTES FOR THE WEEKS OF MAY 22, 2000 AND MAY 29, 2000:

M O T I O N

Commissioner Rennels moved that the Board of County Commissioners approve the minutes for the weeks of May 22 and May 29, 2000 as presented with noted correction.

Motion carried 3 - 0.

3. APPROVAL OF THE SCHEDULE FOR THE WEEKS OF JUNE 12, 2000 AND JUNE 19, 2000:

M O T I O N

Commissioner Disney moved that the Board of County Commissioners approve the schedule for the weeks of June 12 and June 19, 2000 as published.

Motion carried 3 - 0.

4. CONSENT AGENDA:

M O T I O N

Commissioner Rennels moved that the Board of County Commissioners approve the following documents as listed on the consent agenda for document review on June 6, 2000:

ACTION ITEMS: Appointment of Bill Spencer to the Rural Land Use Board for a term effective June 6, 2000 to June 30, 2003; Request to waive the provisions of the Larimer County Personnel Policy Manual in order to permit Mr. Coleman to repay the County by reducing his vacation leave balance by an amount sufficient to pay off the amount owed; Oath of Deputy District Attorney Christopher Hunter Cessna.

A00-77 ADDENDUM TO THE CABLING SYSTEM AGREEMENT BETWEEN THE BOARD OF COUNTY COMMISSIONERS AND COM TEL TECHNOLOGY, INC.

A00-78 THIRD AMENDMENT TO LEASE AGREEMENT BETWEEN THE BOARD OF COUNTY COMMISSIONERS AND FOOTHILLS GATEWAY, INC.

A00-79 DEVELOPMENT AGREEMENT BETWEEN THE BOARD OF COUNTY COMMISSIONERS AND NORDHOUGEN AND ASSOCIATES LLC, MICHAEL V. AND MICHELLE F. BARBOUR, AND JORGE AND MERCEDES C. GARCIA

R00-110g RESOLUTION FOR STATUTORY VESTED RIGHTS FOR HAWUTHA HILLS RURAL LAND USE PLAN

R00-111z FINDINGS AND RESOLUTION APPROVING THE PETITION OF THE SATTLER REZONING

R00-112s FINDINGS AND RESOLUTION APPROVING AN AMENDED PLAT AND VACATION OF UTILITY EASEMENT IN GLACIER VIEW MEADOWS 12TH, LOTS 64 & 65-A

R00-113s FINDINGS AND RESOLUTION APPROVING THE DIAMOND FARMS PRELIMINARY RURAL LAND PLAN

R00-114z SPECIAL REVIEW FINDINGS AND RESOLUTION DENYING THE PETITION OF SBA TOWERS, INC. FOR THE COOMBS RANCH CELL TOWER

R00-115s FINDINGS AND RESOLUTION APPROVING THE MASTER PLAN FOR GRAYBILL P.U.D. AND THE PETITION FOR REZONING

R00-116z SPECIAL REVIEW FINDINGS AND RESOLUTION APPROVING THE PETITION OF MICHAEL PAINTBALL/STABLE/BED & BREAKFAST

R00-117s FINDINGS AND RESOLUTION APPROVING AN AMENDED PLAT AND VACATION OF UTILITY EASEMENT IN CRYSTAL LAKES 6TH FILING, LOTS 12 & 13

R00-118s FINDINGS AND RESOLUTION APPROVING AN AMENDED PLAT AND RELOCATION OF UTILITY EASEMENT IN ESTES PARK ESTATES AND PINEWOOD SPRINGS

R00-119s FINDINGS AND RESOLUTION APPROVING AN AMENDED PLAT AND VACATION OF DITCH EASEMENT OF DAMON BERRY EXEMPTION

R00-120g RESOLUTION ESTABLISHING COMPENSATION FOR LARIMER COUNTY APPOINTED OFFICIALS

R00-121g RESOLUTION ESTABLISHING COMPENSATION FOR DISTRICT ATTORNEY APPOINTED OFFICIALS; COMPENSATION FOR DEPUTY DISTRICT ATTORNEY NEW HIRE, CHRISTOPHER CESSNA AND INCREASE SALARY FOR MARY JO BERENATO, MICHAEL PIERSON AND LEAH BISHOP UPON COMPLETING THEIR SIX MONTHS

MISCELLANEOUS: Letter of support for the proposed Federal Audit Resolution Plan; Amended Plat of Lots 81 & 83, Meadowdale Hills 2nd Filing; Final Plat Summit View Industrial Park PUD 3rd; Final Plat Hawutha Hills RLUP; Evans MLD #99-S1491; Amended Plat of Lots 5A and 5B of the replat of Lot 5, Cameron Estates; Community Development Plan for CDBG proposal to the State Department of Local Affairs and CDBG Disclosure Report

Motion carried 3 - 0.

At this time the Board presented Ms. Block and Ms. Sena with a plaque each in appreciation of their facilitation work and commitment to the Animal Task Force.

5. LEAGUE OF WOMEN VOTERS REQUEST TO COVER FAIRGROUNDS FEES FOR POLITICAL RALLY: Mr. Lancaster stated that the League is requesting that the County assume the building rental costs for their fifteenth Old-Fashioned Political Rally, a cost of approximately $400.

M O T I O N

Commissioner Disney moved that the Board of County Commissioners appropriate $400 for the cost of the McMillian Building for a political rally sponsored by the League of Women Voters.

Motion carried 3 - 0.

6. AGRICULTURAL ADVISORY BOARD COMMUNITY MEETINGS: Ms. Tolan informed the Board that the Ag Advisory Board is interested in hosting informational community meetings for agricultural landowners to inform them of the options available to them to keep their land in agriculture. Commissioner Disney asked why a Boulder farmer would be participating and noted that staff should also be present. Ms. Tolan was not sure why a Boulder farmer but would find out and report back. Commissioner Rennels stated that she would like to attend the first meeting and requested that Ms. Tolan work with Ms. Hart in scheduling. Commissioner Disney asked that the Ag Advisory Board, at their next meeting, elect a single Chair and Vice Chair and review their by-laws to ensure compliance with the County Boards and Commissions Policy.

M O T I O N

Commissioner Disney moved that the Board of County Commissioners authorize the Agricultural Advisory Board to host a community meeting and report back to the Board prior to hosting additional meetings.

Motion carried 3 - 0.

7. FAMILY STRENGTHENING GRANT: Ms. Snell informed the Board that Human Services staff have worked for several months to impact the problem of very young children (0-5) who have behavioral problems and appear later at school without the ability to learn. Ms. Snell asked for approval to submit application for Strengthening Families Federal grant proposal for $100,000 for each of two years.

M O T I O N

Commissioner Rennels moved that the Board of County Commissioners approve submitting the Family Strengthening Grant to the Federal Government.

Motion carried 3 - 0.

8 WORKSESSION: Mr. Lancaster suggested the Board change the medication dispersement policy at the Detention Center and that the change would cost an additional $9,000 for the remainder of this year.

M O T I O N

Commissioner Disney moved that the Board of County Commissioners allocate $9,000 from carryover to assist in the cost of psychiatric treatment for inmates.

Motion carried 3 - 0.

Mr. Lancaster asked if the Board wanted a policy regarding the number of Boards and/or Commissions for which a person could submit application. CONSENSUS OF THE BOARD was to limit the number of Boards and/or Commissions for which a person can apply.

Mr. Lancaster informed the Board that the Colorado Rural Development Council is requesting all Colorado Counties contribute a 6-foot tree to the White House for holiday decoration of the back lawn. Commissioner Rennels suggested Mr. Lancaster ask Lou Grant of Grant Farms to donate a tree for the cause.

9. LEGAL MATTERS:

EXECUTIVE SESSION

M O T I O N

Commissioner Rennels moved that the Board of County Commissioners go into Executive Session at 10:10 a.m. for legal advice.

Motion carried 3 - 0.

Executive session ended at 10:40 a.m., the following action was taken:

M O T I O N

Commissioner Disney moved that the Board of County Commissioners approve "Draft #2" of the Resolution regarding the suspension of the liquor license for the Drink-N-Dawg and authorize the Chair to sign upon completion of amendments.

R00-122g RESOLUTION OF FINDINGS AND ORDER FOR SUSPENSION OF LIQUOR LICENSE FOR THE BG's, INC. dba DRINK-N-DAWG

Motion carried 3 - 0.

Ms. DeLude informed the Board of a zoning violation for which staff does not feel will be resolved by scheduling a public hearing and asked the Board to authorize the County Attorney to write and serve a letter regarding the violation and include a date for compliance to the current occupant and owner 212 Namaqua Drive, Loveland, CO 80537.

M O T I O N

Commissioner Disney moved that the Board of County Commissioners authorize the County Attorney to write and serve a letter of compliance with the Zoning Regulations to the occupant and the owner of 212 Namaqua Drive, Loveland, CO 80537.

Motion carried 3 - 0.

10. COMMISSIONERS REPORTS: Commissioner Disney stated that the Northern Front Range Transportation Council is re-evaluating the criteria for prioritizing projects and asked if he and Marc Engemoen, Director of Public Works, should participate or if the other Commissioners wanted to be involved. CONSENSUS OF THE BOARD was to have an educational worksession regarding the new criteria with the Board.

Commissioner Rennels stated that she would be the keynote speaker at the 9th Annual Western Agricultural & Rural Law Roundup at Western State College and asked the Board and attorneys to notify her of any issues they would like raised.

EXECUTIVE SESSION:

M O T I O N

Commissioner Rennels moved that the Board of County Commissioners go into Executive Session at 11:10 a.m. for potential litigation and confidential legal advice.

Motion carried 3 - 0.

Executive session ended at 12:20 p.m., no action was taken.

 

 

 

 

THURSDAY, JUNE 8, 2000

The Board of County Commissioners met for Policy Work Session at 9:30 a.m. with Frank Lancaster, County Manager. Chair Pro-Tem Rennels presided and Commissioner Disney was present. Recording Clerk: Jean O'Connor.

M O T I O N

Commissioner Disney moved that the Board of County Commissioners authorize Commissioner Disney to approve and sign, on behalf of the Board, a restriction on open fires and fireworks in Larimer County, as presented by the County Sheriff.

R00-123g RESOLUTION DECLARING A FIRE BAN IN LARIMER COUNTY

Motion carried 3 - 0.

 

 

__________________________________________

CHERYL OLSON, CHAIR LARIMER COUNTY BOARD OF COMMISSIONERS

 

 

MYRNA RODENBERGER

LARIMER COUNTY CLERK AND RECORDER

 

(S E A L)

 

 

A T T E S T

 

_____________________________________

Jean M. O'Connor, Clerk to the Board

 

 

_____________________________________

Gael Cookman, Deputy Clerk