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MINUTES OF THE BOARD OF COUNTY COMMISSIONERS

Monday, March 3, 2003

LAND USE HEARING

(#143)

The Board of County Commissioners met with Rob Helmick, Senior Planner; Chair Bender presided and Commissioner Gibson was present. Also present were Geniphyr Ponce-Pore, Planning Department; Jim Reidhead, Rural Land Use Center; Christie Coleman, Engineering Department; Doug Ryan, Health Department; Jeannine Haag, Assistant County Attorney; and Jean O'Connor, Recording Clerk.

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

Mr. Reidhead requested an additional plat note be added to Item #4 Dickerson Preliminary RLP, Condition #7 addressing severed mineral interests and noted that the applicant is in agreement.

  1. AMENDED PLAT OF LOTS 2A, 2B, AND 3A OF BLOCK 10, RAMONA HEIGHTS: SW 1/4 OF 28-10-73, LARIMER COUNTY, COLORADO

This is a request to amend the plat of Lots 2A, 2B and 3A, Block 10, Ramona Heights Subdivision. Staff recommendation is approval subject to the following conditions and authorization for the chairman to sign the plat when the conditions are met and the plat is presented for signature 1. The Final Plat shall be recorded by September 3, 2003 or this approval shall be null and void; 2. Prior to recordation, minor technical corrections shall be made to the plat.

2. AMENDED PLAT OF PARCELS B AND C, TAYLOR EXEMPTION: NORTH 1/2 OF SECTION 11, TOWNSHIP 4 NORTH, RANGE 69 WEST, LARIMER COUNTY, COLORADO

This is a request to amend the plat of the Taylor Exemption, Parcels B and C, in order to reconfigure lot sizes. Staff recommendation is approval subject to the following condition and authorization for the chairman to sign the plat when the condition is met and the plat is presented for signature 1. The Final Plat shall be recorded by September 3, 2003 or this approval shall be null and void.

3. AMENDED PLAT OF LOT 23A AND A PORTION OF PECAN DRIVE OF THE AMENDED PLAT OF LOTS 2, 3, 6, 7, 8, 19, 21, AND 23 OF BLOCK 3 AND LOT 27 OF BLOCK 5 AND A PORTION OF TRACT A OF MILL CANYON ESTATES: GENERALLY WEST OF HORSETOOTH RESERVOIR IN MILL CANYON ESTATES, IN THE SW 1/4 OF SECTION 1-7-70, AND A PORTION OF THE SE 1/4 OF SECTION 2-7-70, SPECIFICALLY AT 1125 PECAN DRIVE, BELLVUE, LARIMER COUNTY, CO.

This is a request to amend Lot 23A of Mill Canyon Estates and vacate a portion of the Pecan Drive right-of-way. Staff recommendation is approval subject to the following conditions and authorization for the chairman to sign the plat when the conditions are met and the plat is presented for signature 1. The Final Plat shall be recorded by September 3, 2003 or this approval shall be null and void; 2. The Applicant shall submit for approval an Add-on agreement reflecting the addition of Outlot A to the existing conservation easement parcel adjacent and west of the Lot 23A within 45 days of the approval of this plat.

4. DICKERSON PRELIMINARY RURAL LAND PLAN: 23-09-68: GENERALLY LOCATED 2 MILES NORTHEAST OF THE TOWN OF WELLINGTON, APPROXIMATELY 1 1/2 MILES EAST OF INTERSTATE 25, AT THE NORTHWEST CORNER OF COUNTY ROAD 3 AND 66.

This is a request to divide 80 acres into three (3) single-family dwellings and a farmstead accessory dwelling. The division will consist of two (2) new single-family residential lots on about 10 acres (each lot being approximately 5 acres in size) and one (1) Residual Lot of about 70 acres with a building envelope for the existing home and farmstead accessory dwelling. The residual land will be protected from further development by a 40-year covenant. Staff findings are that the proposal is consistent with the policies of Section 5.8-Rural Land Use Process of the Larimer County Land Use Code. Support for the Dickerson Preliminary Rural Land Plan is based on the following 1. Applicant's planning and design rationale for the project, which is consistent with the RLUP; 2. Conservation values of the residual land, including preservation of open space; 3. Careful location of residences; 4. The plan is generally compatible with the existing neighboring land uses. Support for this proposed plan takes into consideration the various other land development and design options, particularly the 35-acre alternative, for which there is no County review. The greater number of residential units possible under the current O-Open zoning of the property and the general development pressure within the immediate area for use-by-right 35-acre division of land supports that this is an appropriate project. The site-based incentives (1 density bonus unit) are allowed under the Administrative Rural Land Use Process. As proposed, this project will also provide commensurate long-term benefits to citizens of Larimer County. Those benefits are summarized 1. Protective covenant on residual land; 2. Preservation of open space, including two small ponds; 3. Transportation Capital Expansion fees received from the project; 4. School and park fees received from the project; 5. Fewer residences than likely allowed through subdivision process; 6. Ability to influence design of project, as compared to use-by-right 35-acre division of land supports that this is an appropriate project. Staff recommendation is approval with the following contingencies being met prior to approval of final plat by the Board of County Commissioners 1. Internal road design and other engineering requirements, including utilities, roads, road easement dedication, storm water plan, and erosion control plan, shall meet minimum design standards set forth in Appendix G of the Larimer County Road Manual. Design shall be prepared and stamped by a qualified professional engineer licensed in the State of Colorado with review and approval by County Engineering Department. One of the three existing accesses for the existing home and farmstead accessory dwelling will need to be removed. The access for Lots 1 and 2 shall be combined and located at the crest of the hill on Larimer County Road 3, approximately 3/8 mile north of the intersection of Larimer County Roads 3 and 66. Internal roads may be contained in a private access and utility easement and roads shall not be required to be in a public right-of-way. Road names and addressing shall meet standards in Section 5.11of the Larimer County Land Use Code; 2. Building envelopes for the two new lots shall be located outside the flood plain area. The existing homes on the Residual Lot shall be allowed to remain so long as no new building permits for single-family residences are requested. If new single-family resident permits are requested for this lot, the flood plain regulations would be applied and an amended plat may be required; 3. If public water is provided for this project, a letter of commitment from Northern Colorado Water Association must be provided prior to final plat approval. This letter of commitment must specifically state that the water distribution system is (or will be) designed to meet the normal and minimum pressure design standards contained in Section 8.1.2.A.1 of the Land Use Code or more stringent standards as required by the District. If the water system will be designed to provide fire protection, the letter of commitment also must address the pressure and delivery standards outlined in Section 8.1.4 of the Land Use Code. OR If public water is not available and provided by on-lot wells, soil testing will be required prior to final approval to better determine the soil constraints and appropriate lot size. Reconfiguration of lot may be required at that time; 4. The residual land protective covenant and management plans must be reviewed and approved by the County Attorney and the RLUC Director prior to final plat approval; 5. The final development agreement must be reviewed and approved by the County Attorney prior to final plat approval; 6. A fire protection plan must be submitted and approved by Emergency Services prior to final approval; 7. The following must be listed as a note on the final plat and on a disclosure statement, approved by the County Attorney, available to lot buyers through the public records at the time of purchase a) A note regarding fire protection plan shall be included here depending on the approved plan; b) 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 Building 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; c) Engineered footings and foundations are required for new residential construction; d) Lot owners should be advised that there is a potential for nuisance conflicts from wildlife (such as skunks, mountain lions, bears, raccoons, foxes, coyotes, prairie dogs and snakes). The Colorado Division of Wildlife can provide information to property owners about how to handle these situations, but lot owners are responsible for addressing wildlife conflicts if they arise; e) During certain times of the year mosquitoes may present a significant nuisance. Larimer County does not have a mosquito abatement program. Any mosquito abatement activity will be the responsibility of the homeowner; such activity must be according to applicable Federal, State and local rules and regulations; f) Prairie dog colonies exist in the general area; prairie dogs can be a nuisance if they migrate to developed residential property. At times these animals are implicated in the transmission of plague to people or their pets. It is important for residents to observe animal control requirements for dogs and cats; g) Agricultural operations and farming practices on adjacent properties can produce odors, noise and dust. These are a normal part of agriculture and should be expected to occur. In addition, plowing, planting, cultivating, spraying, harvesting, and various livestock operations may be carried out at all times including nighttime; h) If livestock will be kept on these lots, it will be important to carefully manage grazing in order to maintain grass cover in the pasture. Overgrazing will produce bare ground, weeds, erosion and polluted runoff. Management of these lots should be coordinated with drainage and erosion control issues, siting of sanitation systems, fencing and feeding; i) Larimer County has adopted a Right to Farm Resolution; j) The following fees shall be collected at building permit issuance for new single-family dwellings: Poudre R-1 school fees, Larimer County fees for County and Regional Transportation Capital Expansion, Larimer County Park Fees (in lieu of dedication), Drainage Fees, and Rural Land Use Process fees. The fee amount that is current at time of building permit application shall apply; k) Some or all lots in this development include building envelopes. All structures must be located within these Larimer County approved building envelopes, as shown on the approved subdivision plat; l) Larimer County shall not maintain roads or streets in this development. Maintenance of the streets shall be the responsibility of the property owners. Failure to maintain streets may result in a lien being placed on these lots; m) At time of real estate closing, owner shall provide purchasers of residential lots and residual lands with the Code of the West, a County document which addresses differences between urban and rural living in Larimer County; n) The owners of the residual land parcel shall be responsible for providing an annual monitoring report for the residual land to Larimer County Rural Land Use Center; o) Lots in this Rural Land Plan are subject to the conditions and requirements of a Development Agreement. The Developer and Larimer County executed this agreement in consideration of the approval of this Development. This Agreement was recorded immediately after this plat. All purchasers should obtain and read the Development Agreement; p) The property is subject to the severed mineral interests that are owned by Anadarko E&P Company LP and Anadarko Land Corp. The conceptual plan within the Larimer County Rural Land Use Center and the subsequent development of the property in accordance with the plan does not impact the mineral rights owned by the Anadarko entities, or the ability of the Anadarko entities or their lessees, successors or assignees, to develop the minerals.

MOTION

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

Motion carried 2 - 0.

5. PEARL CREEK PRELIMINARY RURAL LAND PLAN: SECTIONS 11 AND 12, TOWNSHIP 10, RANGE 74; GENERALLY LOCATED 5 MILES NORTHWEST OF RED FEATHER LAKES OFF OF COUNTY ROAD 73C AND MARMOT DRIVE

This is a request for preliminary approval to divide 175 acres into ten (10) lots. The division will consist of 10 residual lots each containing a single-family residence within a building envelope and one (1) outlot to be used for drainage and right-of-way purposes. The area outside the building envelopes, approximately 118 acres, will be protected from further development for 40-years with a recorded covenant. Staff findings are that the proposal is consistent with the policies of Section 5.8-Rural Land Use Process of the Larimer County Land Use Code. Support for the Pearl Creek Preliminary Rural Land Plan is based on the following 1. Applicant's planning and design rationale for the project, which is consistent with the RLUP; 2. The removal of the potential for larger development allowed in the E Estate zoning from this property since it will be protected from further development for a minimum of 40 years; 3. Conservation values of the residual land, including a forestry management plan; 4. The plan is generally compatible with the existing neighboring land uses. Support for this proposed plan takes into consideration the various other land development and design options, particularly the 35-acre alternative, for which there is no County review. The greater number of residential units possible under the current E-Estate zoning of the property and the general development pressure within the immediate area for use-by-right 35-acre division of land supports our belief that this is an appropriate project. The site-based incentives (5 density bonus units) are allowed under the Rural Land Use Process. As proposed, this project will also provide commensurate long-term benefits to citizens of Larimer County. Those benefits are summarized a) Forty year protective covenant on residual land; b) Preservation of open space and wildlife habitat with an enforceable forestry management plan; c) Homeowners' association protective covenants with architectural controls; d) Transportation capital expansion fees received from the project; e) School and park fees received from the project; f) Fewer residences than likely allowed through subdivision process; g) Ability to influence design of project, as compared to use-by-right division of property into 35-acre parcels. Staff recommendation is approval subject to the following contingencies being met prior to approval of final plat by the Board of County Commissioners 1. Applicant shall construct all roads within the Rural Land Plan in accordance with duly adopted Rural Land Use Process road standards in effect at the time construction is commenced. Design shall be prepared and stamped by a qualified professional engineer licensed in the State of Colorado. Internal roads may be contained in a private access and utility easement. Road names and addressing shall meet standards in Section 5.11 of the Larimer County Land Use Code; 2. Lot design must be approved by the Larimer County Health Department prior to final plat approval; 3. Since only using a portion of parcel 40114-05-002 that will in turn create an illegal lot (area less than 35-acres) the applicant must complete a boundary line adjustment to combine that acreage with the neighboring parcel prior to final plat approval; 4. The residual land protective covenant and management plans must be reviewed and approved by the County Attorney and the RLUC Director prior to final plat approval; 5. A Forest Management Plan created by a professional forester, including an implementation strategy and long-term funding mechanism, must be reviewed and approved by the Wildfire Safety Specialist prior to final approval; 6. Restrictive covenants, including provisions for internal road maintenance, must be reviewed and approved by the Rural Land Use Center Director prior to final plat approval; 7. The final development agreement must be reviewed and approved by the County Attorney prior to final plat approval; 8. Implementation of the forest management plan must be completed within the building envelopes and internal access road easements prior to the issuance of any building permits; 9. Building envelopes shall be located on each lot; 10. Automatic fire protection sprinklers will be required for all new residential structures or written permission for variance from this requirement from the fire district; 11. Applicant shall resolve building permit issues with the County Building Department on parcel no.'s 40123-00-014 and 40114-05-002 prior to final approval; 12. A dry hydrant system (in the Beaver Meadows area) for fire fighting purposes must be established and in working order as verified by the Wildfire Safety Specialist prior to issuance of building permits. If one cannot be established, a storage tank capable of storing 3000 gallons per lot, must be constructed with fittings compatible with Crystal Lakes Volunteer Department prior to issuance of building permits; 13. A written ruling from the State Engineers Office stating if this property will be allowed wells under C.R.S. 30-28-401-404 and/or if they will be affected by an existing water augmentation plan for the area and what the requirements are for new wells will be required prior to final plat approval; 14. The following must be listed as a note on the final plat and on a disclosure statement, approved by the County Attorney, available to lot buyers through the public records at the time of purchase a) The property is subject to the severed mineral interests that are owned by Anadarko E&P Company LP and Anadarko Land Corp. The conceptual plan within the Larimer County Rural Land Use Plan and the subsequent development of the property in accordance with the two plans does not impact the mineral rights owned by the Anadarko entities, or the ability of the Anadarko entities or their lessees, successors or assigns, to develop the minerals; b) Depending on the outcome of the State Engineers Office ruling, there may need to be a note added regarding wells and/or water augmentation; c) Implementation of the forest management plan must be completed within the building envelopes and internal access road easements prior to the issuance of any building permits; d) The construction of any single-family residence in this development will require the installation of residential fire sprinklers if fire hydrants and/or a public water supply are not present to provide fire protection unless written permission for variance from this requirement from the fire district is received; e) 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 Building 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; f) Some or all lots in this development include building envelopes. All structures must be located within these Larimer County approved building envelopes, as shown on the approved subdivision plat. Prior to the approval of the footing and foundation inspection, the owner/applicant for a building permit will be required to demonstrate that the structure(s) is located within the building envelope. This shall be accomplished by a written certification by a Colorado Licensed Surveyor. If the structure requires a county Setback and Use Permit rather than a building permit, this surveyor's certification is also required; g) Engineered footings and foundations are required for new residential construction; h) Lot owners should be advised that there is a potential for nuisance conflicts from wildlife (such as skunks, mountain lions, bears, raccoons, foxes, coyotes, prairie dogs and snakes). The Colorado Division of Wildlife can provide information to property owners about how to handle these situations, but lot owners are responsible for addressing wildlife conflicts if they arise; i) No feeding of any wildlife. Any food placed for wildlife will eventually attract the Black Bears traveling through the area. Once a bear finds food around homes and trailers, they become habituated to humans, often causing damage to property in their search for food. The State of Colorado is not liable for damages to non-agricultural property. Homeowners insurance is strongly advised; j) Keep trash and garbage removed from site. Bear proof containers are commercially available and they work. Garbage and trash can be as attractive to bears as placing out food for wildlife; k) It is strongly recommended that trailers and motor homes not be left on site unattended. These items may be destroyed by bears if left unattended. This is particularly important during the months of July to September, when the bears are most active in their search for food; l) Many other species of wildlife live in the area; some can be dangerous to humans and pets. It must be remembered that landowners will be living with wildlife. Species that may be found in the area are Coyotes, Mountain lions, Bobcats, Skunks, Badgers, Raccoons, Deer, Elk, Hawks, Owls and Eagles; m) Pets must be contained on property, either by leash or enclosure; n) During certain times of the year mosquitoes may present a significant nuisance. Larimer County does not have a mosquito abatement program. Any mosquito abatement activity will be the responsibility of the homeowner; such activity must be according to applicable Federal, State and local rules and regulations; o) Prairie dog colonies exist in the general area; prairie dogs can be a nuisance if they migrate to developed residential property. At times these animals are implicated in the transmission of plague to people or their pets. It is important for residents to observe animal control requirements for dogs and cats; p) Agricultural operations and farming practices on adjacent properties can produce odors, noise and dust. These are a normal part of agriculture and should be expected to occur. In addition, plowing, planting, cultivating, spraying, harvesting, and various livestock operations may be carried out at all times including nighttime; q) If livestock will be kept on these lots, it will be important to carefully manage grazing in order to maintain grass cover in the pasture. Overgrazing will produce bare ground, weeds, erosion and polluted runoff. Management of these lots should be coordinated with drainage and erosion control issues, siting of sanitation systems, fencing and feeding; r) Larimer County has adopted a Right to Farm Resolution; s) The following fees shall be collected at building permit issuance for new single-family dwellings: Poudre R-1 school fees, Larimer County fees for County and Regional Transportation Capital Expansion, Larimer County Park Fees (in lieu of dedication), and Rural Land Use Process fees. The fee amount that is current at time of building permit application shall apply; t) Some or all lots in this development include building envelopes. All structures must be located within these Larimer County approved building envelopes, as shown on the approved subdivision plat; u) Larimer County shall not maintain roads or streets in this development. Maintenance of the streets shall be the responsibility of the property owners. Failure to maintain streets may result in a lien being placed on these lots; v) At time of real estate closing, owner shall provide purchasers of residential lots and residual lands with the Code of the West, a County document which addresses differences between urban and rural living in Larimer County; w) The owners of the residual land parcel shall be responsible for providing an annual monitoring report for the residual land to Larimer County Rural Land Use Center; x) Lots in this Rural Land Plan are subject to the conditions and requirements of a Development Agreement. The Developer and Larimer County executed this agreement in consideration of the approval of this Development. This Agreement was recorded immediately after this plat. All purchasers should obtain and read the Development Agreement.

Mr. Reidhead presented a new condition #1 addressing road standards for the proposal and noted the applicant is in agreement with the change.

Commissioner Gibson inquired as to the accesses to the west of the proposal and if they connected to anything, which would allow for secondary access. Mr. Reidhead noted he is unsure and that the applicant would address accesses.

Chair Bender asked if protection of the mineral rights is now sufficiently covered with the new condition #1 and Mr. Reidhead replied in the affirmative.

Mr. Bill Wyatt, representative for the applicants, stated that the property is currently zoned E-Estate, which allows for a much higher density, but that the proposal before the Board is a better development solution.

Mr. Don Weixelman stated that accesses to the east and west both connect to portions of the Crystal Lakes Subdivision and eventually connects with County Road 73C.

At this time the hearing was opened for public comment and Chair Bender noted there was no comment.

Commissioner Gibson noted that the residual land is protected for 40-years and asked if it could be developed at E-Estate density upon expiration. Mr. Reidhead stated that the owners at that time would have to make application to the Board to remove any restrictions. If approved, the owners would be required to purchase back development rights.

Chair Bender inquired again for public comment; noting none the hearing was closed to the public.

Chair Bender expressed appreciation of staff and the applicant in addressing water and forest management issues within the proposal.

MOTION

Commissioner Gibson moved that the Board of County Commissioners approve the Pearl Creek Rural Land Plan as present, amended and outlined above.

Motion carried 2 - 0.

There being no further business, the hearing adjourned at 3:40 p.m.

TUESDAY, MARCH 4, 2003

ADMINISTRATIVE MATTERS

(#143 & #144)

The Board of County Commissioners met with Frank Lancaster, County Manager; Chair Bender presided and Commissioners Gibson and Rennels were present. Also present were Gary Buffington, Parks Department; Melinda Keen, Deni La Rue, and Donna Hart, Commissioner's Office; Al Kadera, Planning Department, George Hass and Jeannine Haag, County Attorney's Office; Jean O'Connor, Clerk to the Board and Kay May, Deputy Clerk.

1. PUBLIC COMMENT: None

2. APPROVAL OF THE MINUTES FOR THE WEEK OF FEBRUARY 24, 2003:

MOTION

Commissioner Gibson moved that the Board of County Commissioners approve the minutes for the week of February 24, 2003 as presented.

Motion carried 3 - 0.

3. REVIEW OF THE SCHEDULE FOR THE WEEK OF MARCH 10, 2003: Ms. Hart reviewed the schedule with the Board.

4. CONSENT AGENDA:

MOTION

Commissioner Rennels moved that the Board of County Commissioners approve the following items as presented on the consent agenda:

ABATEMENTS: The following petitions for abatement were approved Big Thompson Medical Group; By the Bay Investments; Haag; and Jhones.

03042003A001 DEVELOPMENT AGREEMENT BETWEEN THE BOARD OF COUNTY COMMISSIONERS AND MARY E. AND STANLEY O. HJERLEID

03042003A002 AGREEMENT BETWEEN THE BOARD OF COUNTY COMMISSIONERS AND ELECTRONIC SYSTEMS INTERNATIONAL, INC FOR PROFESSIONAL SERVICES AT THE FAIRGROUNDS AND EVENTS COMPLEX

03042003A003 AGREEMENT BETWEEN THE BOARD OF COUNTY COMMISSIONERS AND FORT COLLINS LOVELAND WATER DISTRICT AND SOUTH FORT COLLINS SANITATION DISTRICT FOR EASEMENT AND RIGHT-OF-WAY

03042003A004 AGREEMENT BETWEEN THE BOARD OF COUNTY COMMISSIONERS AND SOUTH FORT COLLINS SANITATION DISTRICT FOR EASEMENT AND RIGHT-OF-WAY

03042003A006 INTERGOVERNMENTAL AGREEMENT BETWEEN THE BOARD OF COUNTY COMMISSIONERS AND THE TOWN OF BERTHOUD

03042003D001 QUIT CLAIM DEED BETWEEN THE BOARD OF COUNTY COMMISSIONERS AND THE CITY OF FORT COLLINS (McMurry Park)

03042003D002 DEED OF CONSERVATION EASEMENT BETWEEN THE BOARD OF COUNTY COMMISSIONERS AND JOHN AND CONNIE CLARK (Douglas Farm Exemption)

03042003D003 AMENDED AND REVISED DEED ON CONSERVATION EASEMENT III (South Green Ridge)

03042003R001 FINDINGS AND RESOLUTION APPROVING AN AMENDED PLAT AND VACATION OF UTILITY EASEMENT IN X-BAR SEVEN SUBDIVISION

03042003R002 FINDINGS AND RESOLUTION APPROVING THE FREE ENTERPRISES MINOR LAND DIVISION (Virginia Dale Station)

03042003R003 FINDINGS AND RESOLUTION APPROVING THE PRELIMINARY PLAT FOR THE HILL 2 CONSERVATION DEVELOPMENT AND GRANTING THE APPEAL TO SECTION 8.14.2.M

03042003R004 FINDINGS AND RESOLUTION APPROVING THE VACATION OF UTILITY EASEMENT IN KNESS MINOR RESIDENTIAL DEVELOPMENT

03042003R005 FINDINGS AND RESOLUTION APPROVING AN AMENDED PLAT IN BIG HORN RIDGE SUBDIVISION

03042003R006 FINDINGS AND RESOLUTION APPROVING AN AMENDED PLAT AND VACATION OF UTILITY EASEMENT IN GLACIER VIEW MEADOWS 12TH FILING

03042003R007 FINDINGS AND RESOLUTION APPROVING AN AMENDED PLAT AND VACATION OF RIGHT-OF-WAY EASEMENT IN CEDAR PARK 2ND FILING

03042003R008 FINDINGS AND RESOLUTION APPROVING AN AMENDED PLAT IN RESTU SUBDIVISION

03042003R009 FINDINGS AND RESOLUTION APPROVING AN AMENDED PLAT AND VACATION OF UTILITY EASEMENT IN HIAWATHA HEIGHTS SUBDIVISION

03042003R010 FINDINGS AND RESOLUTION APPROVING THE VAUGHN-CECIL SUBDIVISION GRANTING AN APPEAL TO SECTION 8.14.2.K

03042003R011 FINDINGS AND RESOLUTION APPROVING THE CSU MINOR LAND DIVISION (Maxwell Station)

03042003R012 FINDINGS AND RESOLUTION APPROVING AN AMENDED PLAT AND VACATION OF UTILITY EASEMENT IN CRYSTAL LAKES 10TH FILING, LOTS 8 AND 9

03042003R013 FINDINGS AND RESOLUTION APPROVING AN AMENDED PLAT AND RELOCATING A RIGHT-OF-WAY IN LAKE CANAL SUBDIVISION

03042003R014 REZONING FINDINGS AND RESOLUTION CONCERNING THE PETITION OF HIDDEN VALLEY ESTATES

03042003R015 FINDINGS AND RESOLUTION APPROVING THE PRELIMINARY PLAT OF IRONWOOD PLAZA PLANNED LAND DIVISION AND PETITION FOR REZONING TO PD- PLANNED DEVELOPMENT

03042003R016 FINDINGS AND RESOLUTION APPROVING THE IRONWOOD PLAZA COMMERCIAL CONDOMINIUMS FIRST SUPPLEMENT

03042003R017 FINDINGS AND RESOLUTION APPROVING THE WILSON HOMESTEAD MINOR LAND DIVISION

03042003R018 FINDINGS AND RESOLUTION APPROVING STREET NAMING IN MOODY PARK RANCH

03042003R019 REZONING FINDINGS AND RESOLUTION CONCERNING THE PETITION OF BELMIRE SPRINKLER AND LANDSCAPING

03042003R020 FINDINGS AND RESOLUTION APPROVING AN AMENDED PLAT AND VACATION OF ACCESS AND UTILITY EASEMENTS IN WILLOWS SUBDIVISION AND RELEASE FROM MODIFIED COLLATERAL AGREEMENT AND LOT SALE RESTRICTION

03042003R021 FINDINGS AND RESOLUTION APPROVING AN AMENDED PLAT IN HORSETOOTH LAKE ESTATES

03042003R022 FINDINGS AND RESOLUTION APPROVING AN AMENDED PLAT AND VACATION OF UTILITY/ACCESS EASEMENT IN EAST OWASSA SUBDIVISION

03042003R023 AMENDED SPECIAL REVIEW FINDINGS AND RESOLUTION APPROVING THE PETITION OF HAPPY CAT RETREAT

03042003R024 FINDINGS AND RESOLUTION APPROVING AN AMENDED PLAT AND VACATION OF UTILITY EASEMENT IN GLACIER VIEW MEADOWS 2ND FILING

03042003R025 FINDINGS AND RESOLUTION APPROVING THE VACATION OF EASEMENT IN JANSMA SUBDIVISION

03042003R026 FINDINGS AND RESOLUTION APPROVING THE MACLAUGHLIN MINOR LAND DIVISION APPEAL

03042003R027 FINDINGS AND RESOLUTION APPROVING AN AMENDED PLAT AND RELOCATION OF UTILITY EASEMENT IN CEDAR PARK 2ND FILING, LOTS 9 AND 18

03042003R028 FINDINGS AND RESOLUTION APPROVING STREET NAMING IN RODEO HILLS SUBDIVISION

03042003R029 FINDINGS AND RESOLUTION APPROVING STREET NAMES FOR ROADS WEST OF LON HAGLER RESERVOIR

03042003R030 FINDINGS AND RESOLUTION APPROVING AN AMENDED PLAT IN BERTHOUD-DALE, BLOCK 1

03042003R031 FINDINGS AND RESOLUTION APPROVING THE BERNHARDT LEGAL LOT APPEAL

03042003R032 FINDINGS AND RESOLUTION APPROVING THE VACATION OF UTILITY AND DRAINAGE EASEMENT IN CLYDESDALE PARK PUD 1ST FILING

03042003R033 FINDINGS AND RESOLUTION APPROVING THE GLOEGGLER EXTENDED FAMILY DWELLING

MISCELLANEOUS: Amended plat of lots 9 and 10, Section A, Waltonia Addition; Public Trustee 4th quarter report and annual report for 2002; and Approve a letter of intent to form and Intergovernmental Agreement with the Town of Berthoud for the National Pollutant Discharge Elimination System.

LIQUOR LICENSES: The following license was approved Aspen Lodge- H&R- Estes Park, CO. The following licenses were issued South Taft Liquor, Inc- Retail- Fort Collins, CO and Branding Iron Liquor- Retail- LaPorte, CO

Motion carried 3 - 0.

5. AGREEMENT WITH THE COLORADO DIVISION OF WILDLIFE: Mr. Buffington requested approval of an agreement with the Colorado Division of Wildlife for the management of the Narrows and Forks Parks on the Big Thompson River. Due to a lack of funding in the Parks and Open Lands Department in 2001, these parks were closed. This agreement, Mr. Buffington continued, would re-open the parks for public use.

MOTION

Commissioner Gibson moved that the Board of County Commissioners approve an agreement with the Colorado Division of Wildlife for the management of the Narrows and Forks Parks.

Motion carried 3 - 0.

03042003A005 AGREEMENT BETWEEN THE BOARD OF COUNTY COMMISSIONERS AND THE COLORADO DIVISION OF WILDLIFE FOR THE MANAGEMENT OF THE NARROWS AND FORKS PARKS ON THE BIG THOMPSON RIVER

6. DISCUSSION OF SPECIAL EVENT PROPOSED FOR RED FEATHER LAKES: Mr. Kadera stated that a one day event is proposed for the Red Feather Lakes area and noted that the Land Use Code does not adequately address "one day events". As currently written, Mr. Kadera continued, the establishment is required to submit an application for appeal with the Board of Adjustment. Mr. Lancaster stated that staff is informing the Board of the situation and will continue to work with the promoter to insure public needs and concerns are addressed.

7. 2002 CARRYOVER FUNDS: Mr. Lancaster presented a list of requests from county departments for funding of special projects. The list has been prioritized and Mr. Lancaster requested approval of the 15 projects, which ranked #1. Of the 4-million available, Mr. Lancaster recommends the use of 1.5-million. The remaining carryover funds are being held back in anticipation of another bad wildfire season and unpredictable State cutbacks.

MOTION

Commissioner Rennels moved that the Board of County Commissioners approve the #1 ranked requests for use of carryover funds.

Motion carried 3 - 0.

8. APPOINTMENT TO THE LaPORTE AREA PLANNING ADVISORY COMMITTEE (LAPAC): Ms. Keen recommended Frank Holzworth be appointed to serve a 3-year term on LAPAC commencing March 4, 2003 and ending June 30, 2006 and requested approval.

MOTION

Commissioner Gibson moved that the Board of County Commissioners approve the appointment of Frank Holzworth to LAPAC as presented.

Motion carried 3 - 0.

9. WORK SESSION: Mr. Lancaster updated the Board on the Glacier View Meadows water augmentation.

Mr. Lancaster stated that Martin Elementary, in Loveland is submitting application for a GoCO grant and has requested a letter of support from the Board to submit with the application.

MOTION

Commissioner Rennels moved that the Board of County Commissioners approve a letter of support for Martin Elementary and authorize Commissioner Gibson to sign upon receipt.

Motion carried 3 - 0.

Mr. Lancaster stated that CCI has notified the County of the States' intention to place a surcharge on septic inspections. The County Health Department, Mr. Lancaster noted, does NOT support this surcharge. Commissioner Rennels and Chair Bender also noted they are against the surcharge.

10. COMMISSIONER REPORTS: The Board noted their attendance at events the previous week.

11. LEGAL MATTERS: Mr. Hass presented a counterproposal for the sale of 502 W. Laurel and requested approval and the Chair's signature.

MOTION

Commissioner Gibson moved that the Board of County Commissioners approve the counterproposal for the sale of 502 W. Laurel and authorize the Chair to sign.

Motion carried 3 - 0.

03042003A007 COUNTERPROPOSAL AGREEMENT BETWEEN THE BOARD OF COUNTY COMMISSIONERS AND JUPITER-BAR, LLC FOR THE PURCHASE OF 502 WEST LAUREL

Mr. Hass briefed the Board on their limitations to discuss pending land use applications.

There being no further business, the meeting adjourned at 11:00 a.m.

________________________________

THOMAS G. BENDER, CHAIR

BOARD OF COMMISSIONERS

SCOTT DOYLE

CLERK AND RECORDER

(S E A L)

A T T E S T

_______________________________

Jean M. O'Connor, Clerk to the Board

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