Loveland Bike Trail
 

MINUTES OF THE BOARD OF COUNTY COMMISSIONERS

MONDAY, MARCH 25, 2002

LAND USE HEARING

(#25)

The Board of County Commissioners met with Larry Timm, Director of Planning; Chair Gibson presided and Commissioners Bender and Rennels were present. Also present were Sean Wheeler, Planner II; Roxann Hayes, Civil Engineer; Jeannine Haag, Assistant County Attorney; Jean O'Connor, Recording Clerk.

1. IRIS HILL CONSERVATION DEVELOPMENT APPEAL TO SECTION 5.3 OF THE LAND USE CODE RELATED TO USES ALLOWED IN THE RESIDUAL LAND, AND CONTRACT NEGOTIATIONS TO CHANGE THE STANDARD LANGUAGE IN THE DEVELOPMENT AGREEMENT: 35-09-68: APPROXIMATELY 1 MILE EAST OF INTERSTATE 25, ON THE NORTH SIDE OF COUNTY ROAD #62

The applicant is requesting the following 1. Request to remove Section 3 of the Development Agreement and eliminate any restrictions on the use of the residual land in the Conservation Development other then those allowed by the O-Open Zone District; 2. Request to eliminate the requirement in the Development Agreement for surveyed location certificates for new structures; 3. Request to eliminate the requirement in the Development Agreement for erosion control during construction; 4. Request to eliminate the road maintenance language in the Development Agreement and replace it with language proposed by the applicant. Staff recommendation is denial of the applicant's request to modify the standard Development Agreement by eliminating Section 3 (Residual Land Restrictions) and Section 19 (Erosion Control) and part of Section 25 (Issuance of Building Permits). Staff also recommends denial of the request to modify Section 27 and tie the maintenance of the internal subdivision road to the maintenance of County Road #62.

Mr. Wheeler briefed the Board on the applicant's request to remove/ eliminate or re-word parts of the County's standard Development Agreement. Ms. Hayes stated that the request to remove the wording to require surveyed location certificates for new structures is acceptable to the Engineering staff. The request to alter or eliminate the wording regarding erosion control during construction is a Federal and State requirement, which is enforced by Larimer County and can not be changed by the County. As for the language regarding road maintenance, Ms. Hayes noted that this is enforced on a complaint basis only.

Mr. Doug Anderson, the applicant noted that an Agreement, to his understanding, is something that is mutually agreed upon, and not mandated by staff. Mr. Anderson stated that he did not want to remove language, but felt the current language would "down zone" his property and that he does not care to pay taxes on property that he can't do anything with.

Mr. Anderson had the following comments to support his appeal request:

Erosion: No one else is required to install two-foot fences, including Larimer County, when building a road. Ms. Hayes stated that the need for a fence along the road has never been mentioned.

Maintenance of the driveway: Why is he being held to a higher standard than that of County Roads?

Recording Fees: Mr. Anderson noted that he has never objected to paying the recording fees; only that he requested staff to reduce the number of pages he is being charged for by reducing the font size.

Uses in the residual land: Mr. Anderson requested that the uses currently allowed in the O-Open zoning district, continue to be applied to the residual land and that he retain the right to use the residual land in the future.

Commissioner Bender noted that the Conservation Development (CD) process clearly states that no development will occur on the residual land in perpetuity. Ms. Haag explained that Development Agreements are for the protection of future lot owners and therefore, uses, or lack thereof, are very specific

Much discussion ensued regarding the residual land.

At this time the hearing was opened for public comment and Ms. Anderson asked that erosion measures for the road/lots be clarified. Ms. Hayes replied that staff anticipates control at the lots, but final determination would be made upon review of a drainage report, which has not yet been received.

Mr. Mike Doten, Director of Citizen Planners had to leave prior to public comment and Commissioner Rennels read the following for the record. Concern with the precedent that would be set if the applicant's requests were approved; urge the Board to deny; and that any residual land within a CD has never been intended for commercial use.

Mr. Gary Lobin, area resident showed the Board what the applicant distributed at the community meeting, which was Section 5.4.f of the Land Use Code, and stated that the applicant did know the process from the beginning. Mr. Lobin noted that existing residents agreed to the proposal with the residual land open.

At this time the hearing was closed to the public and Commissioner Bender stated that he agreed with eliminating the requirement for surveyed location certificates, and noted that the applicant can not change the application proposed at preliminary plat. Commissioner Rennels agreed and noted that the applicant can either accept the Development Agreement or go back through the preliminary plat process and specify uses for the residual land during the public process.

M O T I O N

Commissioner Bender moved that the Board of County Commissioners eliminate the requirement for surveyed location certificates for new structures and deny the requests to eliminate restrictions on the uses of the residual land; erosion control; and road maintenance.

Motion carried 3 - 0.

M O T I O N

Commissioner Rennels moved that the Board of County Commissioners re-open the public hearing.

Motion carried 3 - 0.

Mr. Anderson expressed appreciation for the Board's time and suggested the process be cleaned up- currently it is convoluted.

There being no further business the hearing adjourned at 5:00 p.m.

TUESDAY, MARCH 26, 2002

ADMINISTRATIVE MATTERS

(#25 & 26)

The Board of County Commissioners met with Frank Lancaster, County Manager; Chair Gibson presided and Commissioners Bender and Rennels were present. Also present were Shelley Larson and Nancy Meginness, Coordinator and past Coordinator respectfully, of the Larimer Center for Mental Health Sexual Assault Victim Advocate (SAVA); George Hass, County Attorney; Jeannine Haag, Assistant County Attorney; Gary Buffington, Director of Parks and Open Lands; K-Lynn Cameron, Open Lands Manager; Jerry White, Engineering; Carol Block, Director of Finance; Donna Hart, Commissioner's Administrative Manager; Deni La Rue, Community Information Manager; and Jean O'Connor, Clerk to the Board.

  1. PUBLIC COMMENT: None
  2. APPROVAL OF THE MINUTES FOR THE WEEK OF MARCH 18, 2002:
  3. M O T I O N

    Commissioner Rennels moved that the Board of County Commissioners approve the minutes for the week of March 18, 2002 as presented.

    Motion carried 3 - 0.

  4. APPROVAL OF THE SCHEDULE FOR THE WEEK OF APRIL 1, 2002:
  5. M O T I O N

    Commissioner Bender moved that the Board of County Commissioners approve the schedule for the week of April 1, 2002 as presented.

    Motion carried 3 - 0.

  6. CONSENT AGENDA:

M O T I O N

Commissioner Rennels moved that the Board of County Commissioners approve the following items as published on the consent agenda for March 26, 2002:

ACTION ITEMS: Approval of the reappointment of Diana S. Stevens as Larimer County Veterans Service Officer for April 1, 2002 - March 31, 2004.

PETITIONS FOR ABATEMENT: The following petitions for abatement are approved Brown; Butler Trust; Davis/ Schleiger; Dietz/Scott; England; Eyestone et al; Hoeven Trust; Jeckewicz; Karlowa; King; Lockwood; Marquardt; Moen; Moore; Orchards Shopping Center; Pettine; Ptarmigan Club LLC; Schmidt; Shoreland; Spring Garden, Inc.; Sullivan; Thompson; Tyler; Valencia; Vannoy Trust; Vanzant; Weiderspon; Weishaupl; and Whitman.

A02-36 CONSTRUCTION CONSULTING AGREEMENT BETWEEN THE BOARD OF COUNTY COMMISSIONERS AND KEVIN GIBBS OF RKG, INC.

MISCELLANEOUS: Adoption of Declaration of Covenants, Conditions and Restrictions documents regarding the Cathy Fromme property.

LIQUOR LICENSES: The following licenses were issued Carter Lake Marina- 3.2%- Loveland, CO; Pot Belly Restaurant & Lounge- Tavern- Red Feather Lakes, CO; Scorched Tree Bed and Breakfast- Bed & Breakfast- Bellvue, CO; Total 4133- 3.2%- Loveland, CO; Classic Catering- Hotel & Restaurant- Fort Collins, CO; and Columbine Lodge- 3.2%- Bellvue, CO. The following licenses were approved Horsetooth Yacht Club- Hotel & Restaurant- Fort Collins, CO and Aspen Lodge- Hotel & Restaurant- Estes Park, CO.

Motion carried 3 - 0.

5. RECOGNITION OF PETE SALG FOR SERVICE TO THE PLANNING COMMISSION: Commissioner Rennels, on behalf of the Board, recognized Mr. Salg for years of volunteer service to Larimer County and noted that the Board will be challenged to replace him.

6. PROCLAMATION OF SEXUAL ASSAULT AWARENESS MONTH: Commissioner Bender read a proclamation declaring April as Sexual Assault Awareness month. Ms. Meginness noted that Governor Ownes would also be proclaiming the same statewide.

M O T I O N

Commissioner Rennels moved that the Board of County Commissioner proclaim the month of April 2002 as Sexual Assault Awareness month.

Motion carried 3 - 0.

7. SIGNATURE AUTHORIZATION FOR COUNTY MANAGER TO SIGN ANNUAL EMERGENCY SHELTER GRANT PROPOSAL: Mr. Lancaster stated that the grant proposal had originated at the State with a signature block for the County Manager. The amount, Mr. Lancaster continued, is over that which is approved for the Manager to sign and requested approval to sign the document.

M O T I O N

Commissioner Bender moved that the Board of County Commissioners approve signature authority for the County Manager to sign the Annual Emergency Shelter Grant proposal.

Motion carried 3 - 0.

  1. WORK SESSION: None

9. COMMISSIONER REPORTS: Commissioner Rennels noted her attendance at a community meeting in Wellington; a Fairgrounds meeting; and that she had been asked to fill the "Worth Chair" at the University of Colorado as Larimer County has been viewed as a model for the transfer of development units program. Commissioner Bender stated that he had attended the CCI Front Range luncheon; the South Bay Market grand opening; and that all of the Board had participated in selling tickets for 4-H on Saturday. Chair Gibson noted that dirt is being moved at the fairgrounds location; and stated his attendance at a joint meeting with the City of Loveland; CCI meetings; the New Recycle Center grand opening; and spoke on the KCOL radio station.

10. LEGAL MATTERS: Ms. Block stated that, with respect to the Fairgrounds Sales and Use Tax Revenue Bonds, Series 2002, MBIA has agreed to provide the bond insurance and surety. MBIA is requesting that the County indicate its intention to accept the insurance and surety by signing two documents entitled "Commitment to issue a Financial Guaranty Insurance Policy" and "Commitment to issue a Debt Service Reserve Surety Bond" . Mr. Lancaster stated that the commitments are standard but were only received recently and asked Mr. Hass to review them.

M O T I O N

Commissioner Rennels moved that the Board of County Commissioners authorize the Chair to sign commitments to issue a Financial Guaranty Insurance Policy and a Dept Service Reserve Surety Bond upon County Attorney approval for MBIA.

Motion carried 3 - 0.

EXECUTIVE SESSION

M O T I O N

Commissioner Bender moved that the Board of County Commissioners go into executive session at 10:05 a.m. and sited 24-6-402(4)(b) C.R.S.; no affidavit received; and also sited 24-6-402(4)(a) C.R.S. Tape #27.

Motion carried 3 - 0.

Executive session ended at 11:15 a.m.; no action was taken.

There being no further business, the meeting adjourned.

____________________________________

GLENN W. GIBSON, CHAIR

BOARD OF COUNTY COMMISSIONERS

MYRNA J. RODENBERGER

CLERK AND 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.