MINUTES OF THE BOARD OF COUNTY COMMISSIONERS

Monday, July 1, 2002

LAND USE HEARING

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The Board of County Commissioners met with Rob Helmick, Senior Planner; Chair Gibson presided and Commissioners Bender and Rennels were present. Also present were Ed Woodward, Traci Downs, Christie Coleman, and Roxann Hayes, Engineering Department; Karin Knauf and Claudia DeLude, Planning Division; Doug Ryan, Health Department; Jeannine Haag, Assistant County Attorney; and Jean O'Connor, Recording Clerk.

Chair Gibson stated that the applicant for the first item, Teal Creek PUD and Development Agreement, has requested the item be tabled to July 8, 2002 at 3:00 p.m. Mr. Helmick stated that recent conversations with the applicant determined that the item should be tabled to August 5, 2002 at 3:00 p.m.

M O T I O N

Commissioner Bender moved that the Teal Creek PUD and Development Agreement be tabled to August 5, 2002 at 3:00 p.m. as requested by the applicant and modified by staff.

Motion carried 3 - 0.

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

2. ANHEUSER-BUSCH, INC. PIPELINE: FROM THE SOUTHEAST CORNER OF I-25 AND COUNTY ROAD 52 TO THE APPLICATION SITE 5-MILES EAST

This is a request to approve the Flood Plain Special Review based on the Flood Review Board's recommendation for approval based on the revised report dated May 21, 2002. Staff findings are that all review criteria in Section 4.2.2.G.2 of the Land Use Code have been met. Staff recommendation is approval of the Flood Plain Special Review for the pipeline as approved in the revised report dated May 21, 2002.

3. GOLDEN ACRES MINOR LAND DIVISION: 24-04-69; OFF THE NORTH SIDE OF COUNTY ROAD #6C, SOUTHEAST OF BERTHOUD.

This is a request for a Minor Land Division to divide a 40 acres into a 2-lot Minor Land Division. Both lots will be approximately 20-acres in size. Lot 2 will be subsequently annexed to the Town of Berthoud for further development. Staff findings include 1. The Golden Acres 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 Golden Acres MLD is not part of a previously recorded subdivision, exemption or Minor Residential Development and is eligible for the Minor Land Development Process; 3. Both Lot 1 and Lot 2 within the Golden Acres MLD will meet the minimum lots size requirements of the FA-1 Zone District where it is located; 4. The parcels created meet the minimum access standards of the County Engineering Department. However, the applicant must dedicate the proper amount of right-of-way along the County Road; 5. The Golden Acres MLD will not result in any negative impacts to surrounding properties or uses. Staff recommendation is approval subject to the following conditions 1. The plat for the Golden Acres Minor Land Division will show 30-feet of dedicated right-of-way along County Road #6C; 2. The applicant will provide a signed annexation agreement with the Town of Berthoud for Lot 1.

4. ERBES/WEIPERT SECTION 8.1.1.2.B LOT SIZE APPEAL: NW 1/4 OF 27-06-72; LOCATED ON NORTH FORK ROAD, GLEN HAVEN

This is a request for an appeal to Section 8.1.1.2.B of the Larimer County Land Use Code requiring a minimum 2-acre lot size for lots with on-site sewage treatment systems. Proposed lot has an existing home, well and septic and will be .39 acres. Applicant proposes to add the remaining area (.24 acres) to a lot across the road to create a 2.42-acre lot. Staff findings are support for the proposed lot size appeal and that the lots must be reconfigured by an Amended Plat. Staff recommendation is approval of the Lot Size Appeal, as shown in the application materials and with the following condition 1. Approval of this appeal is contingent upon County approval of an Amended Plat as proposed. This lot size appeal shall be considered null and void automatically, with no further public hearing required, if within one year of the granting of the lot size appeal the Amended Plat has not been approved and recorded with the Larimer County Clerk and Recorder.

5. BALLARD PLACE PORTIONS OF LOTS 3 & 4, BLOCK 5 AND LOTS 6 & 7, BLOCK 4 AMENDED PLAT: NE 1/4 OF 24-05-69: LOCATED ON THE NORTH SIDE OF 8TH STREET IN SOUTHEAST LOVELAND

This is a request for an Amended Plat to reconfigure portions of 4 parcels that were previously reconfigured by metes and bounds descriptions. The proposed Amended Plat will redescribe 2 new parcels. Staff recommendation is approval subject to the following conditions 1. Prior to recordation of the Final Plat the applicant shall comply with the Engineering Department requirements as noted in the memo of May 8, 2002 from Dale V. Greer, Professional Land Surveyor; 2. The following note shall be added to the plat: "The new lots created by this action are subject to the same restrictions, covenants, and restrictions as set forth in the plat of record of Ballard Place"; 3. Prior to recordation of the Final Plat for the Ballard Place portions of Lots 3 & 4, Block 5 and Lots 6 & 7, Block 4 Amended Plat, the applicant shall resolve the existing zoning violations on the property; 4. Prior to recordation of the Final Plat for the Ballard Place portions of Lots 3 & 4, Block 5 and Lots 6 & 7, Block 4 Amended Plat the applicant shall resolve the building code violations on the property noted in the letter from Candace Phippen of Building Code Enforcement dated June 13, 2002; 5. A site plan will be necessary for the next new building constructed on the property. This includes (but is not limited to) a small storage building, covered storage, warehouse or office building; 6. A site plan will be necessary for any paving or storm drainage improvements conducted on the property; 7. The site plan may include offsite and adjacent road improvements, which will be constructed by the applicant as part of the site plan approval; 8. All conditions shall be met and the Final Plat recorded by January 1, 2002 or this approval shall be null and void.

M O T I O N

Commissioner Rennels moved that the Board of County Commissioners approve the consent agenda as presented and outlined above.

Motion carried 3 - 0.

6. STARKS CONSERVATION DEVELOPMENT EXCEPTION/APPEAL: Mr. Helmick stated that the applicant is present and requests this item be tabled a minimum of 60-days. Mr. Don Lefler, representative for the applicant concurred and requested the item be tabled to October 7, 2002 at 3:00 p.m.

M O T I O N

Commissioner Rennels moved that the Board of County Commissioners table the Starks Conservation Development Exception/ Appeal to October 7, 2002 at 3:00 p.m. as requested by the applicant.

Motion carried 3 - 0.

7. VANDER MOLEN CONSERVATION DEVELOPMENT PRELIMINARY PLAT AND APPEAL TO SECTION 8.14.2. M. (CONNECTIVITY) OF THE LAND USE CODE: 36-04-70: ON THE SOUTH SIDE OF COUNTY ROAD #4 AND ONE MILE WEST OF COUNTY ROAD #23E SOUTHWEST OF BERTHOUD

This is a request for a Preliminary Plat to divide 56.18 acres as a Conservation Development (CD) with eight residential lots and one residual lot with a building envelope. Staff recommendation is approval of the Vander Molen Conservation Development and Appeal of Section 8.14.2M of the Land Use Code with the following conditions 1. The Final Plat of the Vander Molen Conservation Development shall be consistent with the information contained in the file, #01-S1835 or as modified by conditions of approval; 2. 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, the Larimer County Park Fee in lieu of dedication and the Fossil Creek Drainage Basin Fee. The fee amount that is current at the time building permit application shall apply. Prior to construction, the applicant must contact the County Engineering Department and obtain a Development Construction Permit; 3. The applicant shall provide a Final Development Agreement and Disclosure Notice for approval by the County to be recorded with the Final Plat. This notice will provide information to all lot owners of the conditions of approval and special costs or fees associated with the approval of this project. The notice shall include, but is not limited to; 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; 4. The applicant shall comply with the requirements of the County Engineer in their memo dated April 17, 2002; 5. The Lots shall be properly labeled per the requirements for a Conservation Development. The residual land shall be labeled Residual Lot A (Buildable). The building envelope within the residual land shall be labeled accordingly, and shall be located so that it shares a common boundary with either Lot 5 or Lot 7 as shown on the Preliminary Plat.

Mr. Helmick briefed the Board regarding modifications of the proposal since the Planning Commission hearing and that staff recommendation is slightly different than that proposed by the Planning Commission.

Mr. Rob Persichitte, representative for the applicant noted that he agrees with all current staff recommendations.

Mr. Robert Johnson, representative of several adjacent property owners, stated that the preference is to have the residual lot building envelope be moved under lot 7 instead of lot 5. Mr. Johnson also requested to know what could occur on the residual lot. Commissioner Rennels stated that the owner of the lot would determine the use.

At this time the hearing was closed for public comment and Mr. Persichitte stated that the current location of the building envelope is approximately 144-feet from adjacent development and noted that covenants would address the maintenance of residual lot A.

Commissioner Bender inquired as to the restrictions of residual lot A. Mr. Helmick stated that a perpetual easement with Larimer County will be placed on the residual lot and that no development would occur outside the approved building envelope.

M O T I O N

Commissioner Bender moved that the Board of County Commissioners approve the Vander Molen Conservation Easement as modified by staff and outlined above.

Motion carried 3 - 0.

M O T I O N

Commissioner Bender moved that the Board of County Commissioners approve the applicant's appeal of Section 8.14..2.m (connectivity) of the Land Use Code.

Motion carried 3 - 0.

8. ROTH ZONING VIOLATION: 131 S. MONROE, LOVELAND

This is an alleged violation of the Larimer County Land Use Code Section 4.1.1 Outside storage/junkyards are not permitted uses in the FA-Farming zoning district. Definition Junkyard: "A facility for the display, storage, collection, processing, purchase, sale, salvage or disposal of used or scrap materials, equipment, junk vehicles, appliances or other personal property whether of value or valueless..." Staff findings are 1. The property is zoned FA- Farming; 2. The use of the property as a junkyard/for outdoor storage is in violation of the Larimer County Land Use Code; 3. The use of the property as a junkyard/ for outdoor storage has become an eyesore for the neighbors; 4. The continued use of the property, in violation of zoning regulations, will affect property values in the area. Staff recommendation is to find that a violation does exist, require compliance within 120 days, and authorize legal action if the deadline is not met.

Ms. DeLude stated that she has spoken with the daughter of the property owner and that they agree to the proposed staff recommendations. Ms. Judy Roth, property owner, stated that she is really trying to clean up the property but that her husband continues to bring additional "stuff" home.

M O T I O N

Commissioner Rennels moved that the Board of County Commissioners find a violation exists and require compliance within 120 days, and authorize legal action if deadline is not met. Commissioner Rennels encouraged Ms. Roth to continue working with Ms. DeLude.

Motion carried 3 - 0.

There being no further business, the hearing recessed at 3:45 p.m.

LAND USE HEARING

(#68)

The Board of County Commissioners met with Rob Helmick, Senior Planner; Chair Gibson presided and Commissioners Bender and Rennels were present. Also present were Traci Downs, Engineering Department; Jeannine Haag, Assistant County Attorney; and Jean O'Connor, Recording Clerk.

1. AUTUMN CREEK CONSERVATION DEVELOPMENT: NW 1/4 OF SEC. 19, TOWNSHIP 6N, RANGE 68W; LOCATED ON THE SOUTH SIDE OF CR. 32, APPROXIMATELY 1.50 MILE EAST OF THE INTERSECTION OF CR. 32 AND HIGHWAY 287

This is a request for Preliminary Plat for a CD to divide a 31.5 acre parcel into 11, single-family residential lots, plus residual land. Applicant proposes appeal to Land Use Code standards: a private gated road accessing from CR. 32 into the development. Applicant also proposes to reduce residual land from 80% to 67% under the Larimer County Land Use Code provision listed in Section 5.3.6, A5. Staff recommendation is 1. The Final Plat of the Autumn Creek Conservation Development shall be consistent with the submittals of May 21 & 22, 2002 except as modified by conditions of this approval; 2. The following fees shall be collected at building permit for new single family dwellings: Poudre School District school fees in lieu of dedication, Larimer County fees for County and Regional Transportation, the Larimer County Park Fee in lieu of dedication and drainage fees. The fee amount that is current at the time building permit application shall apply. Prior to construction, the applicant must contact the County Engineering Department and obtain a Development Construction Permit; 3. The applicant shall provide a Final Development Agreement and Disclosure Notice for approval by the County to be recorded with the Final Plat. This notice will provide information to all lot owners of the conditions of approval and special costs or fees associated with the approval of this project. The notice shall include, but is not limited to; 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; 4. The final Plat application shall address the comments and concerns of the Larimer County Engineering Department with respect to the design issues of the revised plan, as noted in their June 18, 2002 memo. With respect to item #7 in the memo, the Larimer County Planning Commission specifically acknowledges the comment regarding gating Autumn Creek Court, however concurs with the Planning Staff recommendations to allow gating.

Mr. Helmick stated that upon further review, the Planning Commission unanimously approved this item and noted that staff concurs.

Ms. Lucia Liley, representative for the applicant stated that she also agrees with staff recommendations and briefly described the changes made to the current proposal. Ms. Liley emphatically noted her appreciation to the Board of both Mr. Helmick and Ms. Downs for their assistance in making the proposal even better than the applicant imagined.

Chair Gibson asked if excel/decel lanes are included and Mr. Helmick stated yes, as necessary.

Chair Gibson noted for the record that no public is present to comment on this item.

M O T I O N

Commissioner Bender moved that the Board of County Commissioners approve the Autumn Creek Conservation Development as presented and outlined above.

Motion carried 3 - 0.

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

TUESDAY, JULY 2, 2002

ADMINISTRATIVE MATTERS

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The Board of County Commissioners met with Frank Lancaster, County Manager; Chair Gibson presided, Commissioners Bender and Rennels were present. Also present were K-Lynn Cameron, Open Lands Manager; Jerry White, Engineering Department; Melinda Keen, Commissioner's Office; and Jean O'Connor, Clerk to the Board.

  1. PUBLIC COMMENT: None

2. APPROVAL OF MINUTES FOR THE WEEK OF JUNE 24, 2002:

M O T I O N

Commissioner Rennels moved that the Board of County Commissioners approve the minutes for the week of June 24, 2002 as presented.

Motion carried 3 - 0.

3. APPROVAL OF THE SCHEDULE FOR THE WEEK OF JULY 8, 2002:

M O T I O N

Commissioner Bender moved that the Board of County Commissioners approve the schedule for the week of July 8, 2002 as presented.

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 items as published on the consent agenda for July 2, 2002:

A02-88 BENEFITS CONSULTANT SERVICES AGREEMENT BETWEEN THE BOARD OF COUNTY COMMISSIONERS AND GALLAGHER BYERLY, INC

A02-89 DEVELOPMENT AGREEMENT BETWEEN THE BOARD OF COUNTY COMMISSIONERS AND DONALD E. BUNNELL AND BEVERLY L. BUNNELL FOR BEVERLY ACRES SUBDIVISION

A02-90 CONTRACT BETWEEN THE BOARD OF COUNTY COMMISSIONERS AND CONNELL RESOURCES, INC FOR CAPITAL PROJECT CONSTRUCTION IMPROVEMENTS TO PROJECT #8489- Ferndale Subdivision Local Improvement District

A02-91 AGREEMENT BETWEEN THE BOARD OF COUNTY COMMISSIONERS AND THE LARIMER CENTER FOR MENTAL HEALTH FOR THE USE AND BENEFIT OF THE LARIMER COUNTY WORKFORCE CENTER

A02-92 NATIONAL EMERGENCY GRANT AGREEMENT EXPENDITURE AUTHORIZATION BETWEEN THE BOARD OF COUNTY COMMISSIONERS AND COLORADO DEPARTMENT OF LABOR AND EMPLOYMENT FOR THE USE AND BENEFIT OF THE LARIMER COUNTY WORKFORCE CENTER

MISCELLANEOUS: Conveyance of permanent drainage easement to Larimer County by Grant Edward and Deborah Ann Morgan; Final Plat for Beverly Acres Subdivision; Amended Plat of Lot 11 Solar Ridge 2nd and Lot 16 Solar Ridge 3rd; Peterson Minor Land Division Tract 2 Amended Plat; Amended Plat of Lots 31 and 32 Crystal Lakes 1st Filing; Declaration of Covenants, Conditions and Restriction for Cathy Fromme Property.

LIQUOR LICENSES: The following licenses were approved Tahara Mountain Lodge- Tavern-Estes Park, CO; Rams Horn & CSU- H & R- Fort Collins, CO; CSU Concessions- 3.2%- Fort Collins, CO; Pot Belly Restaurant- Tavern- Red Feather Lakes, CO- Transfer of Ownership; Coach House Lounge- Tavern- Loveland, CO- Transfer of Ownership; Al Fresco Great Italian Food- H & R- Fort Collins, CO. The following license was issued Coach House Bar and Grill- Temporary Tavern- Loveland, CO.

Motion carried 3 - 0.

5. OPEN LANDS PRESENTATION TO JAKE KAUFFMAN AND SON, INC: Ms. Cameron noted that Jake Kauffman & Son, Inc. donated the largest Conservation Easement to the County in 2001 and in appreciation, the Board presented the Kaufmanns with a photograph of the reclaimed mining area/easement. The Board expressed their appreciation to Frank, Troy and Shane Kauffman.

6. BOARDS AND COMMISSION APPOINTMENTS AND RE-APPOINTMENTS: Ms. Keen stated that the following citizens have been recommended for re-appointment to the Land Use Code Citizens Technical Monitoring Committee for one-year terms effective July 1, 2002 through June 30, 2003: Michael Doten, Linda Hoffmann, Ed Lawler, Ray Mehaffey, Jr. , Kimberly Stenberg, Carol Story Uthmann, and Liam Weston. The following citizens, Ms. Keen continued, are recommended for appointment and re-appointment to the LaPorte Area Planning Advisory Committee Ken Painter- appointment- one-year effective July 1, 2002 through June 30, 2003; James Chickles and Doug Smith- reappointments- three-year terms effective July 1, 2002 through June 30, 2005; and Will Wade- appointment- three-year term effective July 1, 2002 through June 30, 2005.

M O T I O N

Commissioner Rennels moved that the Board of County Commissioners approve the appointments and re-appointments to the Land Use Code Citizens Technical Monitoring Committee and the LaPorte Area Planning Advisory Committee as presented.

Motion carried 3 - 0.

7. WORK SESSION: Mr. Lancaster provided the Board with an update on the Fish Creek and N. Bald Mountain fires and noted that trained Incident Commanders are needed.

8. REQUEST FOR FUNDING: Commissioner Rennels stated that in the past, the Board has contributed to a barbecue for the volunteers at the County Fair and requested $500 from Commissioner's Special Project Fund.

M O T I O N

Commissioner Bender moved that the Board of County Commissioners approve the expenditure of $500 from Commissioner's Special Project Fund for meat at the barbecue for volunteers of the County Fair.

Motion carried 3 - 0.

9. COMMISSIONER REPORTS: The Board individually noted their attendance at last weeks events.

  1. LEGAL MATTERS: None

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

WEDNESDAY, JULY 3, 2002

SPECIAL MEETING OF THE BOARD OF COUNTY COMMISSIONERS

(NO AUDIO AVAILABLE)

The Board of County Commissioners met with Jeannine Haag, Assistant County Attorney at 1:30 p.m.; Chair Gibson presided and Commissioners Bender and Rennels were present. Also present were Brenda Gimeson; Rural Land Use Center; Jerry White, Open Lands; and the following representatives of the Hidden Valley Estates (Phase I) Rural Land Plan John Barnett, Jim Hinojos, Scott Charpentier, and Carol Schriefer.

Chair Gibson stated that the purpose of the meeting is to review and approve the final plat and associated documents for the Hidden Valley Estates Rural Land Plan. Ms. Haag reviewed the individual documents including but not limited to the Development Agreement, Resolution for Vested Rights, Supplemental Findings and Resolution, Warranty Deed for the Residual Lot, and Agreement for Highway 34 Access pending de-annexation by the City of Loveland and requested Board approval.

M O T I O N

Commissioner Rennels moved that the Board of County approve the Final Plat and associated documents for the Hidden Valley Estates (Phase I) Rural Land Plan.

Motion carried 3 - 0.

A02-93 AGREEMENT BETWEEN THE BOARD OF COUNTY COMMISSIONERS AND BACKBONE INVESTMENTS, LLC FOR CONVEYANCE OF HIGHWAY 34 ACCESS EASEMENT

A02-94 DEVELOPMENT AGREEMENT AND RESIDUAL LAND USE RESTRICTIONS BETWEEN THE BOARD OF COUNTY COMMISSIONERS AND BACKBONE INVESTMENTS, LLC AND THE HIDDEN VALLEY ESTATES HOMEOWNER'S ASSOCIATION FOR HIDDEN VALLEY ESTATES RURAL LAND PLAN

R02-130 SUPPLEMENT TO THE FINDS AND RESOLUTION APPROVING THE HIDDEN VALLEY PRELIMINARY RURAL LAND PLAN

R02-131 RESOLUTION FOR STATUTORY VESTED RIGHTS FOR HIDDEN VALLEY ESTATES RURAL LAND PLAN

There being no further business, the meeting adjourned at 2:00 p.m.

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GLENN W. GIBSON, CHAIR

BOARD OF COUNTY COMMISSIONERS

MYRNA J. RODENBERGER

CLERK AND RECORDER

(S E A L)

A T T E S T

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Jean M. O'Connor, Clerk to the Board