Loveland Bike Trail
 

MINUTES OF THE BOARD OF COUNTY COMMISSIONERS

Monday, August 27, 2001

LAND USE HEARING

(#78)

The Board of County Commissioner met with Larry Timm, Director of Planning; Chair Rennels presided and Commissioners Bender and Gibson were present. Also present were Carol Evans, Matt Lafferty, David Karan and Sean Wheeler, Planners II; Karin Knauf, Planner I; Doug Ryan, Environmental Planner; Jeannine Haag, Assistant County Attorney; and Jean O'Connor, Recording Clerk.

Ms. O'Connor presented an Abstract of Assessment from the County Assessor, noting that all valuation changes ordered by the Board of Equalization have been incorporated and requested Board approval of the Abstract.

M O T I O N

Commissioner Bender moved that the Board of County Commissioners approve the Abstract of Assessment as presented by the County Assessor.

Motion carried 3 - 0.

Chair Rennels stated that the following items are consent and would not be discussed unless requested by the Board or members of the audience.

1. AMENDED PLAT OF LOTS 1 AND 2, FALLON-CYR SUBDIVISION: SW 32-8-69; ON THE NORTH SIDE OF COUNTY ROAD 50 (MICHAUD LANE) ABOUT 1/3 MILE WEST OF THE INTERSECTION OF COUNTY ROADS 50 AND 21.

This is a request for an Amended Plat to adjust the boundary line between Lots 1 and 2, adding approximately 1.5 acres from Lot 1 to Lot 2. The resultant lot sizes will be 4.5 acres for Lot 2 and 12.95 acres for Lot 1. Staff findings include 1. The proposed amended plat is in compliance with the Larimer County Master Plan and the Larimer County Land Use Code; 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. Staff recommendation is approval of the Amended Plat of Lot 2, Block 5, Grasslands 2nd Filing with the following conditions 1. The Final Plat shall include the following note: "The new lot created by this action is subject to the same restrictions, covenants and regulations as set forth in the plat of record of the Fallon-Cyr Subdivision"; 2. The Final Plat shall be recorded by February 27, 2002 or this approval shall be null and void.

2. SOAPSTONE RANCH ROAD STREET NAME CHANGE: 21 & 22-12-68; RANCH LAND LOCATED JUST SOUTH OF THE COLORADO-WYOMING STATE LINE, APPROXIMATELY 3 MILES WEST OF THE LARIMER COUNTY-WELD COUNTY LINE, AND ABOUT 5 MILES WEST OF INTERSTATE 25.

This is a request to name a private ranch road to facilitate emergency service response and to acquire an address for the property. Staff recommendation is approval of the proposed street name request for Soapstone Ranch Road as recommended by the Larimer County Building Department and as shown on the map in the staff file.

3. WOLF SPECIAL REVIEW ADMINISTRATIVE CORRECTION: NW 1/4 1-7-71; APPROXIMATELY 10.5 MILES WEST OF LAPORTE LOCATED ABOUT 2.5 MILES SOUTH OF RIST CANYON ROAD ON FIRE ROUTE 11.

This is a request for correction of the legal description and parcel references for the Findings and Resolutions regarding the WOLF Special Review and for the Stipulation and Agreement RE: WOLF Special Review. Staff findings include 1. Conditional Special Review approval was granted by the Board of County Commissioners in December 1999 for an operation which provides shelter/rescue services for wolf-hybrid dogs and which is also licensed by the Colorado Division of Wildlife as a facility to hold full-blooded wolves. A time extension to June 1, 2001 for completion of the required site survey was granted by the Board in December 2000; 2. The site survey that was submitted to meet a condition of approval revealed that the existing facility is located on portions of two parcels, rather than on a single parcel as was represented in the original application materials. The legal description included in various documents regarding this Special Review should include the legal descriptions for both parcels involved in this case; 3. The correction of the legal descriptions in the Findings and Resolutions and Stipulation and Agreement regarding the WOLF Special Review does not change the existing facilities or the content of the conditional approvals or the Stipulation and Agreement in any other way. Staff recommendation is approval of the correction of the legal description and parcel number references to add the legal description for parcel number 17010-00-003 to the following documents 1. Findings and Resolution regarding the WOLF Special Review as recorded on December 21, 1999 at Reception number 0099106030; 2. Findings and Resolution regarding the WOLF Special Review Time Extension as recorded on February 8, 2001 at Reception number 2001009181; 3. Stipulation and Agreement RE: WOLF Special Review as recorded on January 9, 2001 at Reception number 2001002210.

A01-138 AMENDMENT TO STIPULATION AND AGREEMENT REGARDING THE W.O.L.F. SPECIAL REVIEW

4. BROWNWOOD EXEMPTION AMENDED PLAT: 19 & 20-5-68; NORTH SIDE OF HIGHWAY 402, 1/2 MILE WEST OF COUNTY ROAD 9E.

This is a request for an Amended Plat to revise existing parcels so parcel 1 will be entirely within Zone FA-Farming. Parcel 2 will remain vacant in the FA-Farming and I-Industrial Zoning Districts. Staff recommendation is approval of the proposed Amended Plat of the Brownwood Exemption with the following conditions 1. The final plat shall show the location of flood plains. The flood way area shall be labeled as non-buildable; 2. The applicant shall comply with the Engineering Department requirements as noted in the memo of 8/7/01 from Dale V. Greer, Professional Land Surveyor; 3. The final plat shall include the following note: "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 Brownwood Exemption".

5. AMENDED PLAT OF LOT 2 OF THE TERRA VISTA MINOR RESIDENTIAL DEVELOPMENT (MRD) TO VACATE AND EXISTING 10 FOOT WIDE UTILITY EASEMENT: SW 1/4, 04-07-69; LOCATED ON THE NORTH SIDE OF VINE DRIVE APPROXIMATELY 1/2 MILE EAST OF HAVEL DRIVE.

This is a request for an amended plat to vacate an existing 10 foot wide utility easement along the rear lot line of Lot 2 to the Terra Vista MRD. Staff findings include 1. The proposed Easement Vacation is in compliance with the Larimer County Master Plan and the Larimer County Land Use Code; 2. Approval of the Easement Vacation will not result in any significant impacts to neighboring properties, the natural environment, or the provision of services and infrastructure; 3. Property values in the surrounding area would not be adversely affected by this Easement Vacation. Staff recommendation is approval of the 10 foot wide Easement Vacation on Lot 2 of the Terra Vista MRD (File #01-S1816).

6. AMENDED PLAT OF LOTS 20 & 21, GLACIER VIEW MEADOWS SUBDIVISION 9TH FILING: SOUTHEAST 1/4 OF SECTION 24, TOWNSHIP 9 NORTH, RANGE 72 WEST AND SW 1/4 OF SECTION 19, TOWNSHIP 9, RANGE 71 WEST; WITHIN THE GLACIER VIEW MEADOWS SUBDIVISION ON MONTCALM DRIVE BETWEEN EIGER ROAD, AND EIGER COURT.

The owner of Lots 20 and 21 in Glacier View Meadows Subdivision 9th Filing, want to combine the two lots to allow for the installation of a septic system on the property now defined as Lot 21. They also request vacation of a 20-foot utility easement located on the original boundary line between the Lots. Staff recommendation is approval of the proposed Amended Plat of Lots 20 and 21, Glacier View Meadows Subdivision 9th Filing, File #01-S1809, with the following conditions 1. The applicant (or representative) must make all the above corrections to the plat prior to filing; 2. Certification that there are no underground utilities in the easement must be submitted; 3. The final plat with the required changes must be reviewed by the Planning and
Engineering staff to verify corrections prior to signature by the Board of County Commissioners and recording.

7. NATURE ESTATES MINOR LAND DIVISION: 17 & 20-05-68: BETWEEN LOVELAND AND I-25, ON THE EAST SIDE OF THE T-INTERSECTION OF COUNTY ROAD #9E AND COUNTY ROAD #20 (EAST 1ST STREET).

This is a request to divide 119 acres into 2 lots as a Minor Land Division (MLD). Lot 1 will be approximately 28.2 acres in size and Lot 2 will have 90.8 acres. This request is being done concurrently with the Nature Estates Subdivision and rezoning request for the area shown as Lot 1. Staff findings include 1. The Nature Estates MLD is consistent with the review criteria and standards of Section 5.4 (Minor Land Division) of the Larimer County Land Use Code; 2. The Nature Estates MLD is not part of a previously recorded subdivision, exemption or Minor Residential Development, and is eligible for the Minor Land Development Process; 3. The Nature Estates MLD will meet the minimum lot size requirements for the I-Industrial Zone District where it is located; 4. The parcels created will meet the minimum access standards of the County Engineering Department, as they will use existing access points; 5. The Nature Estates MLD will not result in any negative impacts to surrounding properties or uses. Staff recommendation is approval of the Nature Estates Minor Land Division application.

M O T I O N

Commissioner Gibson moved that the Board of County Commissioners approve Fallon-Cry Subdivision Lots 1 & 2 Amended Plat #01-S1781; Soapstone Ranch Road Street Name Change #01-S1757; W.O.L.F. Special Review Administrative Correction #96-ZR0943; Brownwood Exception Amended Plat #01-S1811; Terra Vista Minor Land Division Lot 2 Easement Vacation #01-S1816; Glacier View Meadows 9th Filing Lots 20- & 21 Amended Plat and Easement Vacation #01-S1809; and Nature Estates Minor Land Division #01-S1717 as presented and outlined above.

Motion carried 3 - 0.

There being no further business, the hearing recessed at 3:05 p.m.

LAND USE HEARING CONTINUED

(#78 &79)

The Board of County Commissioners reconvened at 6:30 p.m. with Rob Helmick, Senior Planner; Chair Rennels presided and Commissioners Bender and Gibson were present. Also present were Matt Lafferty, Planner II; Traci Downs, Development Review Engineer; Doug Ryan, Environmental Planner; Jeannine Haag, Assistant County Attorney; and Jean O'Connor, Recording Clerk.

1. PRELIMINARY PLAT FOR FARM AT BLUE MOUNTAIN MEADOWS CONSERVATION DEVELOPMENT: SE 1/4 OF SECTION 8, TOWNSHIP 4 NORTH, RANGE 69 WEST - LOCATED AT THE NW CORNER OF THE INTERSECTION OF COUNTY ROADS 10 AND 21.

This is a request for Preliminary Plat approval for the Farm at Blue Mountain Meadows Conservation Development, which will consist of 31 single family residential lots and 10 residual land lots on 157.93 acres. The Conservation Development is being proposed with 49.8% developed area and 50.2% residual area. Staff recommendation is approval of The Farm at Blue Mountain Meadows Conservation Development (file #00-S1538) subject to the following conditions 1. The Final Plat shall be completed in strict compliance with the conditionally approved preliminary plat and other information submitted by the applicant, unless modified by the conditions of this approval; 2. Building envelopes consistent with the setbacks required by the FA-1 zoning district shall be illustrated on the Final Plat; 3. The following fees shall be collected at building permit for new single family dwellings: Poudre R-1 school fees in lieu of dedication, Larimer County fees for County and Regional Transportation, and Larimer County Park Fee in lieu of dedication. The fee amount that is current at the time building permit application shall apply; 4. Passive radon mitigation measures shall be included in construction of residential structures on these lots. 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 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; 5. Drainage plans shall be submitted to the Handy Ditch Company for their review and comment. An Agreement with the Handy Ditch Company for storm water discharges into the Handy Ditch shall be submitted with the Final Plat application; 6. Construction plans that are required as part of the final plat process will require review and approval of the County Engineer, Berthoud Fire Protection District and Little Thompson Water District; 7. The applicant shall provide a Disclosure Notice to be approved by the County as a part of the Final Plat, and recorded with the Final Plat. This notice shall provide notice to all future lot owners of the conditions of approval and special costs or fees associated with the approval of this project. Included but not limited in this are the issues related to rural development, the need for engineered footings and foundations, the need for passive radon mitigation, and the issues raised in the review and or related to compliance with the Larimer County Land Use Code; 8. The applicant shall improve County Road 10 along the developments entire frontage with this road, to the current road standards of the Larimer County Road Standards; 9. The applicant is responsible for the requirements for Fire Protection as outlined in the memo from the Berthoud Fire Protection District, dated March 18, 2001; 10. The applicant is responsible for the improvements and the requirements as outlined in the memo from the Larimer County Engineering Department, dated April 24, 2001; 11. The Final Plat shall respond to the concerns of the Larimer County Department of Health and the Environment as outlined in their memo, dated March 26, 2001; 12. "Final Plat application may include a proposal for the County to enter into a Capital Contribution Front Ending Agreement as described in Section 8.1.5.f of the Larimer County Land Use Code for the paving of County Road 10 in excess of that which is required for approval as detailed in the 8/6/01 memorandum from the Engineering Department; 13. The dedicated right-of-way off the north east cul-de-sac shall be improved and signage posted stating that it is intended to be a through road; 14. The Site Landscape Plan presented at the August 27, 2001 County Commissioner Land Use Hearing shall be utilized as a reference for establishing building envelopes during the Final Plat process; 15. The applicant shall commit in perpetuity, 10 shares or whatever was deeded, of Handy Ditch irrigation water, or the equivalent of, for the development; 16. Applicant shall continue working with the Larimer County Parks and Open Space toward the reservation of an easement for a regional bike trail to be established prior to Final Plat.

Mr. Lafferty briefed the Board on the proposal and stated that the Board may want to consider a condition of approval regarding the reservation of land for a regional bike trail at the northern portion of the proposal. Commissioner Bender questioned a trail being proposed near the wildlife habitat. Mr. Lafferty stated the exact location has not been determined but negotiations would include a location outside the proposed buffer going east to west.

Commissioner Bender clarified that there would be no agricultural uses on the residual land. Mr. Lafferty stated that the two major issues within the Land Use Code regarding residual land are the protection of agriculture and wildlife habitat. Due to drainage and site constraints, Mr. Lafferty stated, the applicant has addressed these issues to the extent feasible.

Commissioner Gibson asked how close the proposal is to being annexed by Berthoud and Mr. Lafferty stated the proposal is approximately 1 - 11/2 miles away. Mr. Lafferty further stated that a letter has been received from the Berthoud Sanitation District stating that although the proposal is within their service area plan the District would not provide service.

Mr. Frank Vaught, representative for the owner, noted three areas of discussion with the Planning Commission were a) Traffic; b) Design; and c) The definition of "Cluster". Mr. Vaught stated that after concerns were heard at the Planning Commission hearing, the applicant has submitted an additional traffic impact study, which is satisfactory to the Engineering staff at this point. The design and number of lots proposed, Mr. Vaught continued, are limited due to constraints such as access locations, reservation of trail easement land going east to west, and dedicated right-of-way for future connectivity along the eastern boundary of the proposal. The definition of "cluster", Mr. Vaught continued, contained in the Land Use Code, is at best vague. Clustering can not be a "one definition fits all" design, since design of a cluster is based on a specific site.

Chair Rennels asked if there would be designated building envelopes and Mr. Vaught stated the applicant is willing if the Board makes a request and noted that covenants would prohibit landscaping outside specified areas in order to maintain a natural appearance.

Mr. Mike Middleton stated that it is believed there are no downstream water rights that would be affected by the relocation of the east/west ditch. Commissioner Gibson asked if any water rights would remain with the proposal for irrigation of open areas and Mr. Steve Wyatt, owner, stated that he believes 10 water shares were transferred with the deed, which would be incorporated into non-potable irrigation indefinitely. Mr. Lafferty stated that the issue would be addressed in the Management Plan as required by the Land Use Code.

Chair Rennels noted that no public was present to comment on this item.

Mr. Helmick stated three more potential conditions of approval would be a) Potential for a "payback or credit" if the applicant paves more of County Road (CR) 10 than is required, b) Platting and connectivity of the eastern future access right-of-way, and c) Platted building envelopes. Mr. Lafferty suggested conditions for 1) Water Shares for irrigation, and 2) Reservation of a trail easement and designation at final plat.

Mr. Helmick stated that he believes the extension of the eastern cul-de-sac should be constructed at the onset. Chair Rennels asked staff to further address the applicants offer to pave all of CR 10, not just the portion required by staff. Ms. Downs stated that policy requires the applicant to pave the portion of CR 10 that fronts the property; however if the Board chooses to accept the offer to pave all of CR 10, Engineering staff is willing to work on a reimbursement plan.

Much discussion ensued regarding improvements to County Road 10.

Commissioner Gibson asked how many acre-feet of water came with each share and Mr. Wyatt stated that he was told 3 acre-feet per share. Chair Rennels clarified that the applicant will dedicate 10 shares to this proposal and Mr. Wyatt replied in the affirmative but requested that he be able to verify that 10 shares were transferred from Handy Ditch Company.

Commissioner Gibson stated that if the applicant is required to pave CR 10, then he should be reimbursed from development to the west and/or south; Commissioner Bender agreed. Much discussion ensued regarding road improvement "paybacks" or "credits". Mr. Helmick suggested the Board add the following conditions to address the issues raised: 1. "Final Plat application may include a proposal for the County to enter into a Capital Contribution Front Ending Agreement as described in Section 8.1.5.f of the Larimer County Land Use Code for the paving of County Road 10 in excess of that which is required for approval as detailed in the 8/6/01 memorandum from the Engineering Department. 2. The dedicated right-of-way off the north east cul-de-sac shall be improved and signage posted stating that it is intended to be a through road. 3. The Site Landscape Plan presented at the August 27, 2001 County Commissioner Land Use Hearing shall be utilized as a reference for establishing building envelopes during the Final Plat process. 4. The applicant shall commit in perpetuity, 10 shares or whatever was deeded, of Handy Ditch irrigation water, or the equivalent of, for the development. 5. Applicant shall continue working with the Larimer County Parks and Open Space toward the reservation of an easement for a regional bike trail to be established prior to Final Plat.

M O T I O N

Commissioner Bender moved that the Board of County Commissioners approve the Farm @ Blue Mountain Meadows Conservation Development Preliminary Plat #00-S1538 as presented and with the addition of five conditions as outlined above.

Motion carried 3 - 0.

2. RAINBOW LAKE ESTATES CONSERVATION DEVELOPMENT PRELIMINARY PLAT: 7-04-69; NORTHWEST OF THE INTERSECTION OF CR. 8E AND CR. 23

This is a request for a Preliminary Plat for a 72 lot Conservation Development on 356.42 acres. Proposing 47% developed land and 53% residual land. Staff recommendation is approval with the following conditions 1. The applicant shall establish a setback on the lots bordering County Road 8E and County Road 23 with the objective of achieving as close as possible a minimum 350 foot setback and the applicant shall provide an adequate landscape plan to enhance the buffering effect of that setback; 2. The Final Plat shall be completed in strict compliance with the conditionally approved preliminary plat and other information submitted by the applicant, unless modified by the conditions of this approval; 3. Building envelopes consistent with the setbacks required by the FA-1 zoning district shall be illustrated on the Final Plat. Unless the plan is not revised and then the additional setbacks detailed in the project description of 5/11/01 shall apply; 4. The following fees shall be collected at building permit for new single family dwellings: Thompson R2-J school fees in lieu of dedication, Larimer County fees for County and Regional Transportation, and Larimer County Park Fee in lieu of dedication. The fee amount that is current at the time building permit application shall apply; 5. Passive radon mitigation measures shall be included in construction of residential structures on these lots. 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 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. An Agreement with the Ditch Company for storm water discharges into the Ditch shall be submitted with the Final Plat application; 7. Construction plans that are required as part of the final plat submittal will require review and approval of the County Engineer, Berthoud Fire Protection District and Little Thompson Water District; 8. The applicant shall provide a Disclosure Notice to be approved by the County as a part of the Final Plat, and recorded with the Final Plat. This notice shall provide notice to all future lot owners of the conditions of approval and special costs or fees associated with the approval of this project. Included but not limited in this are the issues related to rural development, the need for engineered footings and foundations, the need for passive radon mitigation, and the issues raised in the review and or related to compliance with the Larimer County Land Use Code; 9. The applicant shall improve the intersection of CR. 8 E and CR. 23 per the direction of the County Engineer and all intersections of project roads with County roads shall be improved as required by the road standards; 10. The applicant is responsible for the requirements for Fire Protection as outlined in the memo from the Berthoud Fire Protection District, dated February 9, 2001; 11. The applicant is responsible for the improvements and the requirements as outlined in the memo from the Larimer County Engineering Department, dated June 1, 2001; 12. The Final Plat shall respond to the concerns of the Larimer County Department of Health and the Environment in the memo dated June 4, 2001; 13. Lots 71-75 shall be deleted; 14. Applicant shall continue working with the Larimer County Parks and Open Space toward the reservation of an easement for a regional bike trail to be established prior to Final Plat; 15. The required management plan shall specifically focus on the applicants' strategy to assure that a long-term viable stand of vegetation exists before water is removed from the irrigated portion of the site.

Mr. John Barnett, representative for the applicant provided history and revisions this proposal has gone through based on comments received. Revisions include greater setbacks from adjacent county roads, maintaining/ protecting sensitive areas, and compatibility with existing and/or permitted uses. Neighbor concerns throughout the public process, Mr. Barnett continued, have been density. Mr. Barnett stated that the proposal as presented meeting the requirements of the Land Use Code and referral agency concerns.

Commissioner Gibson inquired about the one acre-foot of water per four-acres. Mr. Barnett stated that the Homeowners Association (HOA) would be responsible for maintaining the open lands and noted that the irrigated land to the north of the proposal, would continue to be irrigated so long as it remains in agriculture. Commissioner Gibson asked if the water would remain with the land in perpetuity and Mr. Barnett replied in the affirmative. Mr. Helmick suggested a condition be added to address the irrigation water.

Commissioner Gibson questioned to whom the land under the reservoir and the water belongs. Mr. Steve Conder, owner stated that the land under the reservoir belongs to the Handy Ditch Company and the surface rights of the water belong to him.

Mr. Bill Kleronomos, adjacent property owner noted concerns regarding the scope and size of the proposal when existing lot sizes are 5+ acres. Mr. Kleronomos stated that discussions with the Sheriff concluded that only one deputy is available to cover this very large area of the County and the density increase would only add to the problem. Recreational uses of the surface rights, Mr. Kleronomos continued, such as motor boats, have already raised noise concerns. Mr. Kleronomos noted his preference for the Rural Land Use Process and stated the proposal is too large.

Ms. Barb Miller asked if the proposal was going to use public sewer and Chair Rennels noted that septic systems are proposed. Ms. Miller stated concern for the lack of water servicing the proposal and that if the existing water shares were sold off, residents would be left to deal with a dust bowl.

Sonja Abel expressed concern with increased traffic and blowing snow from the residual lands and requested the density be reduced.

Ms. Barb Ebpelshierner noted concern with the residential units all being located to the southern portion of the property.

Ms. Jackie Tucker noted concern with wintertime dust storms.

At this time the hearing was closed to the public and Mr. Barnett rebutted noting the historic drainage of the site dictating the placement of lots. Mr. Barnett stated that offsite road improvements such as turn lanes, would be required and noted that much of the traffic is "through traffic" for which the proposal tries to mitigate. The gross density, Mr. Barnett continued is 4.92-acres per unit, which is much lower than current zoning allows and stated the proposal complies with the Land Use Code. Mr. Barnett clarified that if agriculture operation ceased in the northern portion of the project, then the irrigation water would remain with the development as long as necessary to establish native grasses.

Commissioner Bender asked for further clarification of the surface rights and motorized boating. Mr. Conder stated that the surface rights are held separate from the development and would remain separate and that the HOA would not have access to the reservoir.

Commissioner Gibson clarified that the existing boat club would not or could not accept future homeowners into the club? Mr. Conder stated that homeowners may apply to the club, but that no guaranteed of acceptance is expressed.

M O T I O N

Commissioner Bender moved that the Board of County Commissioner re-open the public comment portion of the hearing.

Motion carried 3 - 0.

Ms. Miller expressed concern with the irrigation water being sold off before it is suppose to be. Mr. Barnett reiterated that irrigation water would remain on site until such time that known successful grasses are established.

At this time the hearing was closed to the public and much discussion ensured regarding water rights.

Mr. Helmick suggested the Board consider two additional conditions regarding the reservation of trail easement and irrigation water. The trail easement condition would state, "Applicant shall continue working with the Larimer County Parks and Open Space toward the reservation of an easement for a regional bike trail to be established prior to Final Plat" and the condition addressing water would state, "Current water shares shall remain with the proposed site for as long is necessary for the establishment of native grasses on currently irrigated lands if the agricultural operation ceases.

M O T I O N

Commissioner Gibson moved that the Board of County Commissioners approve the Rainbow Lake Estates Conservation Development Preliminary Plat as presented and amended as outlined above.

Motion carried 3 - 0.

There being no further business, the hearing adjourned at 9:00 a.m.

TUESDAY, AUGUST 28, 2001

ADMINISTRATIVE MATTERS

(#80)

The Board of County Commissioners met with Neil Gluckman, Assistant County Manager; Chair Rennels presided and Commissioners Bender and Gibson were present. Also present were George Hass, County Attorney; Robert Thompson, Human Services; Rusty Collins, Executive Director of Neighbor to Neighbor; Rob Helmick, Senior Planner; Ron Daggett, Poudre School District Property Manager; Ed Haynes, Chair of the Larimer County Republican Party; Tony Young, Executive Director of Larimer County Democratic Party; Donna Hart, Commissioner's Administrative Manager; and Jean M. O'Connor, Clerk to the Board.

1. PUBLIC COMMENT: The Board is available for public comment from 9:00 a.m. to 9:30 a.m.

2. APPROVAL OF THE MINUTES FOR THE WEEK OF AUGUST 20, 2001:

Chair Rennels noticed that no citations were noted for the executive session held last week and requested a motion noting the citations for that session (tape #77).

M O T I O N

Commissioner Bender moved that the Board of County Commissioners amend the minutes for the week of August 20, 2001 by stating the citations for that weeks executive session were 24-6-402(4)(a) C.R.S. and 24-6-402(4)(e).

Motion carried 3 - 0.

M OT I O N

Commissioner Gibson moved that the Board of County Commissioners approve the minutes for the week of August 20, 2001 as presented.

Motion carried 3 - 0.

3. APPROVAL OF THE SCHEDULE FOR THE WEEK OF SEPTEMBER 3, 2001:

M O T I O N

Commissioner Bender moved that the Board of County Commissioners approve the schedule for the week of September 3, 2001 as presented.

Motion carried 3 - 0.

  • Invitations: Ms. Hart reviewed pending invitations with the Board.

4. CONSENT AGENDA:

M O T I O N

Commissioner Bender moved that the Board of County Commissioners approve the following items as published on the consent agenda for August 21, 2001:

A01-139 ADDENDUM TO SUBDIVISION IMPROVEMENT AGREEMENT BETWEEN THE BOARD OF COUNTY COMMISSIONERS AND LAKESIDE, LLC RELATING TO THE SUBDIVISION AND DEVELOPMENT OF VISTA AT COTTONWOOD SHORES PLANNED UNIT DEVELOPMENT 1ST FILING

A01-140 DEVELOPMENT AND SUBDIVISION IMPROVEMENT AGREEMENT BETWEEN THE BOARD OF COUNTY COMMISSIONERS AND CLYDESDALE PARK, LLC RELATING TO THE CLYDESDALE PARK P.U.D. 1ST FILING PHASES I & II

R01-138g FINDINGS AND RESOLUTION APPROVING AMENDMENTS TO THE LARIMER COUNTY FUNCTIONAL ROAD CLASSIFICATION MAP

R01-139s FINDINGS AND RESOLUTION APPROVING THE MOULTON MINOR LAND DIVISION

R01-140s FINDINGS AND RESOLUTION APPROVING THE FENNO MINOR LAND DIVISION

MISCELLANEOUS: Clydesdale Park P.U.D. 1st Filing Final Plat.

LIQUOR LICENSES: The following licenses were approved Larry's Southwest Liquor- 6%- Fort Collins, CO; Horsetooth Liquor- 6%- Fort Collins, CO; and Tornado Club- 6%- Fort Collins, CO. The following licenses were issued Zippy's Liquor- 6%- Fort Collins, CO- DUPLICATE; and Supermarket Liquors-6%- Fort Collins, CO.

Motion carried 3 - 0.

5. FEES IN LIEU OF DEDICATION FOR POUDRE SCHOOL DISTRICT: Mr. Daggett stated that the School Board had recently adopted an increased fee of $763.01 per dwelling unit in lieu of land dedication. The increase, Mr. Daggett continued is due to the need to increase the acreage per school. Mr. Helmick requested the Board adopt the new fees for Poudre School District to be effective December 1, 2001. Chair Rennels asked if the increase was due to the population increase and Mr. Daggett replied in the affirmative.

M O T I O N

Commissioner Gibson moved that the Board of County Commissioners adopt the requested fee amount of $763.01 per dwelling unit as the current fee to be collected at building permit for the Poudre School District effective December 1, 2001.

Motion carried 3 - 0.

6. LETTER OF SUPPORT FOR EARMARKING OF FUNDS TO SUPPORT EXISTING TRANSITIONAL HOUSING AND CASE MANAGEMENT SERVICED IN LARIMER AND WELD COUNTIES: Mr. Thompson stated that a request has been made of Representative Bob Schaffer, with copies to Senators Allard and Campbell, to propose and support the earmarking of $425,000 from the Economic Development Initiative funds to support existing transitional housing and case management services in Larimer and Weld Counties via Northern Front Range Continuum of Care. Mr. Collins stated the requested funds are critical in the continuation of care, which assists and helps prevent homelessness in northern Colorado.

Commissioner Gibson asked why the program is not supported locally and Mr. Collins stated the scope of the project is too large and municipalities just don't have sufficient resources.

M O T I O N

Commissioner Bender moved that the Board of County Commissioners approve a letter of support to earmark $425,000 in Economic Development Initiative Funds to support existing transitional housing and case management services in Larimer and Weld Counties.

Motion carried 3 - 0.

7. DISCUSSION OF TERM LIMITS FOR COUNTY ELECTED OFFICIALS: Mr. Haynes stated that the Republican Executive Board met last evening and passed a resolution supporting the referral of term limits to the November ballot. The Board, Mr. Haynes continued, favors separate ballot issues for the County Commissioners and other elected officials but will support the Commissioners if they choose to refer only one issue. Mr. Young stated that the Democratic Board also supports the Commissioners referring the issue to the November ballot and noted that several counties in Colorado have supported voters having another chance to review elected offices. Mr. Young urged the Board to place the issue on the ballot for citizens to decide.

Commissioner Gibson agreed and noted his support for three separate issues, one for the Commissioners, one for other elected officials, and one for the District Attorney.

Commissioner Bender stated that what he is hearing is that voters didn't know what they were doing in 1994 and asked if the proposed "waiver" of term limits was temporary or permanent and Mr. Haynes replied that the request is permanent. Commissioner Bender noted preference for "elimination" in stead of "waiver". Mr. Hass suggest the ballot language be the same as that used for the County Coroner instead of what is being proposed.

Chair Rennels stated that the petition process was not as aggressive as it could have been but has raised awareness of the issue. Term limits, Chair Rennels continued, cause the loss of "institutional knowledge" and noted her support for the extension of all elected offices.

M O T I O N

Commissioner Gibson moved that the Board of County Commissioners allow voters to determine term limits and approve a resolution to refer the issue to the November ballot using the same ballot language as that of the County Coroner and one resolution for all County elected officials excluding the District Attorney.

Commissioner Bender stated that the Board of County Commissioner should not be included in the resolution due to the policy-making nature of the office.

Chair Rennels stated that institutional knowledge needs to be retained by all offices.

Motion carried 2 - 1: with Commissioner Bender dissenting.

R01-141g RESOLUTION PROPOSING ELIMINATION OF TERM LIMITS FOR COUNTY COMMISSIONERS, SHERIFF, ASSESSOR, TREASURER, CLERK AND RECORDER AND SURVEYOR; CALLING ELECTION; CERTIFYING BALLOT TITLE

8. RESOLUTION FOR BALLOT ISSUE: Mr. Hass presented and requested Board approval for a resolution calling an election for Meadowdale Hills General Improvement District #11 and a resolution proposing the elimination of term limits for the District Attorney.

M O T I O N

Commissioner Bender moved that the Board of County Commissioners recess at 10:26 a.m.

Motion carried 3 - 0.

M O T I O N

Commissioner Bender moved that the Board of County Commissioners convene as the General Improvement District Board.

Motion carried 3 - 0.

M O T I ON

Commissioner Gibson moved that the General Improvement District Board approve a resolution calling an election for Meadowdale Hills General Improvement District #11.

Motion carried 3 - 0.

R01-142g RESOLUTION CALLING AN ELECTION REGARDING LARIMER COUNTY MEADOWDALE HILLS GENERAL IMPROVEMENT DISTRICT #11

M O T I O N

Commissioner Gibson moved that the General Improvement District Board adjourn at 10:27 a.m. and reconvene as the Board of County Commissioners.

Motion carried 3 - 0.

M O T I O N

Commissioner Bender moved that the Board of County Commissioners approve a resolution proposing the elimination of term limits for the District Attorney.

Motion carried 3 - 0.

R01-143g RESOLUTION PROPOSING ELIMINATION OF TERM LIMITS FOR DISTRICT ATTORNEY; CALLING ELECTION; CERTIFYING BALLOT TITLE

Mr. Hass presented a resolution to authorize Assistant District Attorney Loren Schall to institute and maintain an interpleader action on behalf of the County Treasurer in anticipation of multiple claims being asserted for overage of tax sale of First Colorado Mortgage Corporation.

M O T I O N

Commissioner Bender moved that the Board of County Commissioners approve a resolution to authorize the Assistant District Attorney to represent and defend the County Treasurer.

Motion carried 3 - 0.

R01-144g RESOLUTION OF THE LARIMER COUNTY BOARD OF COUNTY COMMISSIONERS AUTHORIZING THE ASSISTANT DISTRICT ATTORNEY TO REPRESENT AND DEFEND THE COUNTY TREASURER

9. WORK SESSION: Mr. Gluckman stated the Legislative luncheon went well and was very productive. Chair Rennels noted that Larimer County is the envy of the State House for our relationship with our officials.

10. COMMISSIONER REPORTS: Commissioner Bender stated that he and Mr. Gluckman attended a Land Use Steering meeting, which addressed the growth initiative. A recommendation resulting from the meeting is for "Binding Growth Plans", which would allow the Board of County Commissioners to approve and adopt a Master Plan, instead of a Planning Commission, as well as the regulations enforcing that plan. Commissioner Bender also noted that he received a favorable response from Poudre School District regarding their policy for sending flyers home with students. Commissioner Bender stated the Lobster Fest at Mrs. Rennels home was wonderful and that afterwards he toured the Robert's Ranch with Derek Roberts.

Commissioner Gibson also thanked Mrs. Rennels for the Lobster Fest and noted that he to toured the Robert's Ranch although not at the same time as Commissioner Bender. Commissioner Gibson stated that he was invited to a meeting of the Democratic Executive Board and that he has spent time learning about imaging.

Chair Rennels stated that the recent Muscular Dystrophy Association fundraiser, which resulted in her being in jail and for which she had to raise bail money, raised $83,000. Chair Rennels also noted participation in a tele-conference with CCI at which agricultural land valuation was discussed and noted that she "volunteered" Larimer County to host a local meeting. Weeds, Chair Rennels stated were also discussed.

11. LEGAL MATTERS: None

There being no further business, the meeting adjourned at 10:30 a.m.

WEDNESDAY, AUGUST 29, 2001

PUBLIC HEARING FOR

PTARMIGAN PUBLIC IMPROVEMENT DISTRICT #20

(#81)

The Board of County Commissioners convened with Rex Burns, Project Engineer, at 6:30 p.m. as the Public Improvements District Board; Chair Rennels presided and Commissioners Bender and Gibson were present. Also present were Linda Sanders, Staff Service Manager and Jean O'Connor, Recording Clerk.

Mr. Burns stated that property owners of Ptarmigan contacted the County to discuss ways to generate funds to pay for road improvements. The proposed Public Improvement District (PID) would require a mill levy of 11.785 in order to generate sufficient annual funds for anticipated repairs. Mr. Burns noted that the average cost per lot would be $333.

Commissioner Gibson asked if there would be an end to the mill and Mr. Burns stated that the subdivision board could move to approve a reduction of the mill or elimination of the mill.

Commissioner Bender asked why there are two resolutions and Ms. Sanders noted that the resolutions are usually presented at different times, but since the deadline to certify the ballot is so near, staff is requesting approval of the district as well as calling for the election of. Chair Rennels confirmed that State Statute allows for action on both resolutions at once and Ms. Sanders replied in the affirmative.

Mr. Bill Wallenberger, member of the Homeowners Association Board of Directors requested the Board approve the petition for the PID and provided background on efforts of notification to residents. Mr. Wallenberger expressed appreciation for all the assistance/guidance from the staff throughout the entire process. Mr. Wallenberger stated that HOA fees have provided landscaping, maintenance and electricity for open spaces, raised crosswalks, street signs and enhancement of the entrance.

Mr. Gordon Hadlow, area resident thanked everyone involved with bringing the PID forward, and asked if the maximum mill would be at 11.785. Mr. Burns stated that the mill can not go higher without another vote of the residents, but it could be lowered at the request of the HOA Board. Mr. Hadlow inquired as to how the valuation is determined and Mr. Burns stated that the number of lots is divided into the assessed valuation.

Mr. Keith Emerson, member of the HOA Board of Directors stated that he was required to contact 37 homes regarding the PID and received 100% support.

M O T I O N

Commissioner Bender moved that the Public Improvement District Board approve a resolution for petition for the organization of Larimer County Ptarmigan Public Improvement District #20.

Motion carried 3 - 0.

R01-145g RESOLUTION APPROVING PETITION FOR ORGANIZATION OF LARIMER COUNTY PTARMIGAN PUBLIC IMPROVEMENT DISTRICT #20

M O T I O N

Commissioner Bender moved that the Public Improvement District Board approve a resolution calling an election regarding Larimer County Ptarmigan Public Improvement District #20.

Motion carried 3 - 0.

R01-146g RESOLUTION CALLING AN ELECTION REGARDING LARIMER COUNTY PTARMIGAN PUBLIC IMPROVEMENT DISTRICT #20

There being no further business, the hearing adjourned at 7:00 p.m.

________________________________

KATHAY RENNELS, CHAIR

BOARD OF COUNTY COMMISSIONERS

MYRNA J. RODENBERGER

CLERK & RECORDER

(S E A L)

A T T E S T

________________________________

Jean M. O'Connor, Clerk to the Board

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