MINUTES OF THE BOARD OF COUNTY COMMISSIONERS

Monday, April 7, 2003

LAND USE HEARING

(#152)

The Board of County Commissioners met with Rob Helmick, Senior Planner; Chair Bender presided and Commissioners Gibson and Rennels were present. Also present were Ed Woodward, and Traci Downs, Engineering Department; Sean Wheeler, Sarah Flick, Matt Lafferty, and Geniphyr Ponce- Pore, Planning Department; Jim Reidhead, Rural Land Use Center; Tony Simons, Wildfire Safety Coordinator; Doug Ryan, Health Department; Jeannine Haag, Assistant County Attorney; and Kay May, Recording Clerk.

Chair Bender noted the following items are consent and would not be discussed unless requested by the Board or members of the audience. Staff requested that item #9 Brown-Larsen-Conk Preliminary Rural Land Plan be removed from the agenda. Staff also requested item # 11 Van Sickle Zoning Violation be tabled to June 2, 2003 at 3:00 p.m.

MOTION

Commissioner Gibson moved that the Board of County Commissioners remove item #9 from the agenda.

Motion carried 3 - 0.

MOTION

Commissioner Rennels moved that the Board of County Commissioner table item 11 be tabled to June 2, 2003 at 3:00 p.m.

Motion carried 3 - 0.

1. BOYD PIT FLOOD PLAIN SPECIAL REVIEW: SECTION 19, TOWNSHIP 5 NORTH, RANGE 68 WEST

This is a request to approve the FloodPlain Special Review for a low water crossing of the Big Thompson River in the proposed Boyd Gravel Pit. Staff finding is that all review criteria in Section 4.2.2.G.2 of the Land Use Code have been met.

2. BOYD PIT SPECIAL REVIEW: SW 1/4 19-08-68; NORTH OF STATE HIGHWAY #402 ON COUNTY ROAD #11H (BOISE AVE.) SOUTHEAST OF LOVELAND

This is a request to mine sand and gravel for commercial purposes on 15-acres of a

19-acre site within the Loveland Growth Management Area, for a period of 3 years. Staff findings include 1. State statutes require gravel mining before any other development of the site can occur; 2. There are other gravel pits active in the nearby area and if mining is to occur, it must take place where the resources are located; 3. If the Boyd Pit is operated according to the mining plan and the conditions of approval, impacts on area properties can be mitigated. Failure to comply with the conditions of approval may result in reconsideration of the Special Review and it's possible revocation by the Board of County Commissioners; 4. D. As proposed and modified by conditions of approval, the Boyd Pit's operation is consistent with the intent and purposes of the Master Plan. The request can comply with the Approval Criteria for Special Review applications in the Land Use Code, and will not be detrimental to the public health, safety and welfare. Staff recommendation is approval subject to the following conditions 1. Operation of the Boyd Pit Special Review shall be as specified in the representations of the applicant and in the information contained in file #00-Z1342 unless modified by conditions of approval; 2. The term of approval for this Special Review is 3 years; 3. The Applicant shall obtain all required State and / or Federal permits (including APEN or an exemption, Stormwater Discharge Permit, and MLRD 112 permit) and provide proof of permits or authorizations to the Planning Department for the file, within 1 year of the approval from the Board of County Commissioners. Operation of the Boyd Pit will be in compliance with these approved permits; 4. The gravel pit operation shall be in accordance with a noise plan reviewed and approved by the Health Department at the Final Stage of the Special Review process, under the standards set found in the Ordinance Concerning Noise Levels in Unincorporated Larimer County (Ordinance No. 97-3); 5. The applicant shall obtain County Engineering Department and Health Department approval on drainage and erosion control plans as part of the Final Stage of the Special Review process for the Boyd Pit; 6. The applicant must pay the Transportation Capital Expansion Fee as determined by the County Engineer within 60 days of their approval from the Board of County Commissioners; 7. To ensure there is enough topsoil for the post mining uses, the applicant is prohibited from selling topsoil from the site; 8. The operator shall provide the Larimer County Planning Department a copy of their annual report to the State that details overall compliance with the stormwater management plan and a copy of the annual report required by the State MLRD; 9. No parking, loading or unloading of any vehicles is allowed in the County right-of-way; 10. Trucks shall not back onto or use the County Road for a turnaround; 11. Larimer County will not issue overweight permits for trucks, and reserves the right to spot check weight on loaded trucks; 12. The applicant is responsible for prompt and complete removal of material spilled onto the County roadway; 13. The applicant must comply with the requirements outlined in the County Engineering Department's comments dated 5-13-02, and those of the City of Loveland dated 5-14-02, which are not specifically addressed in other conditions of approval.

3. AMENDED PLAT OF LOTS 19A & 20A, OF THE AMENDED PLAT OF LOTS 19 & 20, PUEBLA VISTA ESTATES: PORTIONS OF THE SE 1/4 OF SECTION 36 TOWNSHIP 8N, RANGE 69W

This is a request to move a portion of the boundary line between Lots 19A & 20A approximately ten feet so that an existing fence is located on the correct property. Staff recommendation is approval with the following condition 1. All conditions shall be met and the Final Plat recorded by October 7, 2003, or this approval shall be null and void.

4. HILDERMAN MINOR LAND DIVISION: SE 1/4 OF SECTION 28, TOWNSHIP 9N, RANGE 68W; AT THE NORTHWEST CORNER OF COUNTY ROADS 7 & 64

This is a request to divide a 97.5-acre metes and bounds parcel into two lots of 81.5 and 16 acres. There is an existing house on the 16 acres and the 81 acres may be developed in the future. Staff recommendation is approval with the following conditions and authorize the chairman to sign the plat when the conditions are met and the plat is presented for signature. 1. All conditions shall be met and the Final Plat recorded by October 7, 2003, or this approval shall be null and void; 2. Development of the two resultant parcels must be approved through the appropriate Subdivision, Conservation Development, or Rural Land Use Plan process.

5. AMENDED PLAT OF THE FORT COLLINS INDUSTRIAL PARK, FIRST FILING LOTS 6 AND 7: 07-07-68; LOCATED ON THE NORTH SIDE OF LINCOLN AVENUE, APPROXIMATELY 1/8 MILE EAST OF AIRPARK DRIVE ALONG THE EAST SIDE OF LINK LANE, APPROXIMATELY 1/2 MILE NORTH OF HIGHWAY 14 (MULBERRY ROAD).

This is a request for an Amended Plat to combine Lots 6 and 7 of the Fort Collins Industrial Park First Filing. Staff findings include 1. The results of this action will be the reduction of one industrial use lot; 2. The resulting lots will conform to the minimum lot size requirements of the I (Industrial) Zoning classification. There are no and will be no non-conforming issues created by this action; 3. The proposed amended plat will not create any non-conforming setbacks, but will rectify an existing non-conforming situation of a building constructed across a property line; 4. The proposed amended plat will not change any existing drainage or access patterns; 5. All existing covenants and deed restriction applicable to the properties in question will remain in effect as noted on the proposed amended plat. Staff recommendation is approval with the following condition and authorization for the Chairman to sign the plat when presented for signature 1. Final Plat shall be recorded by October 7, 2003 or this approval is null and void.

6. PROMATS CONDOMINIUM: SE 1/4 OF 07-07-68; LOCATED ON THE NORTH SIDE OF LINCOLN AVENUE, APPROXIMATELY 1/8 MILE EAST OF AIRPARK DRIVE

This is a request to create 2 condominium units in the existing industrial use building located in the Fort Collins Industrial Park First Filing. Staff findings include 1. The proposed Promats Condominium Map and declarations are in compliance with the Larimer County Master Plan and Land Use Code; 2. The Promats Condominiums is compatible with the other development in the surrounding area; 3. Approval of the Promats Condominiums will not result in any significant impacts to the neighboring properties, the natural environment, of the provision of services and infrastructure; 4. Property values in the surrounding area would not be adversely affected by the approval of the Promats Condominiums; 5. Maintenance of the buildings, parking lots, landscaping and other common areas will be the responsibility of the property owners association, pursuant to the Condominium Declaration and By-laws of the Promats Condominium Association. Staff recommendation is approval with the following conditions and authorization for the Chairman to sign the plat when presented for signature 1. Prior to the recordation of the Condominium Map the applicant shall revise all documents associated with this condominium to correspond with the lot naming and numbering of the amended plat combining the lots the building is situated upon; 2. Prior to the recordation of the Condominium Map the amended Plat for Lots 6 and 7 of the Fort Collins Industrial Park First Filing must be approved and recorded.

7. ELLIS RANCH PRELIMINARY RURAL LAND PLAN TIME EXTENSION: 11-05-70; GENERALLY LOCATED WEST OF LOVELAND ON THE NORTH SIDE OF HIGHWAY 34, ON THE WEST SIDE OF COUNTY ROAD 29

This is a request to extend the Preliminary Approval for the Ellis Ranch Preliminary Rural Land Plan for an additional 90 days beyond the previously extended date of April 14, 2003. Staff findings include 1. The Ellis Ranch Preliminary Rural Land Plan was approved July 16, 2001, with conditions; 2. The Ellis Ranch Preliminary Rural Land Plan was extended until April 14, 2003, and was subject to all conditions of approval as stated in the Findings and Resolution dated July 16, 2001; 3. The applicant is requesting an additional 90-day extension to submit the Final Plat, Final Development Agreement and other required submittals. This would extend the time frame to July 14, 2003; 4. It is normal for RLUP projects to change as site-specific technical information emerges. The proposed project is important because it is compatible with other land conservation efforts in the area. Developing through the RLUP, rather than the other development alternatives, will provide significant benefits to Larimer County. Staff recommendation is approval and that all conditions of approval as stated in the Findings and Resolution dated July 16, 2001 continue to apply.

8. REU RANCH II PRELIMINARY RURAL LAND PLAN: SECTION 3, TOWNSHIP 8 NORTH, RANGE 69 WEST; GENERALLY LOCATED 4 1/2 MILES NORTH OF HIGHWAY 287 ON TAFT HILL ROAD, 1/4 MILE EAST ON COUNTY ROAD 60E

This is a request for preliminary approval to divide approximately 72 acres into four (4) single-family residential lots on about 14 acres and one (1) Residual Lot of about 58 acres, which will be protected from further development in perpetuity by either a covenant or conservation easement as required under the Rural Land Use Process. 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 Reu Ranch II Preliminary Rural Land Plan is based on 1. Applicant's planning and design rationale for the project, which is consistent with the RLUP; 2. Conservation values of the residual land; 3. The plan is generally compatible with the existing neighboring land uses. Staff recommendation is approval with the following conditions 1. All roads constructed within the Rural Land Plan shall be 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. 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; 3. 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; 4. Restrictive covenants, if any, including provisions for internal road maintenance, must be reviewed and approved by the Rural Land Use Center 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. Automatic fire protection sprinklers will be required for all new residential structures or written permission for variance from this requirement from the fire district; 7. Applicant shall resolve building permit issues with the County Building Department prior to final approval; 8. Applicant shall resolve zoning violation issues with the Code Enforcement staff and solid waste issues with Health Department staff prior to final approval; 9. The 100-year flood plain of Dry Creek that encroaches on Residual Lot A shall be drawn on the final plat and labeled as "This area subject to flood plain regulations"; 10. The applicant shall provide a plan to detail how prairie dogs will be managed during the construction and occupancy phases of the project. The major issues that the applicant should address are the timing, extent and method of control. This plan shall be approved by the Larimer County Health Department prior to final approval; 11. 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 construction of any single-family residence in this development will require the installation of residential fire sprinklers unless written permission for variance from this requirement from the fire district is received; b) The 100-year flood plain of Dry Creek that encroaches on Residual Lot A is drawn on the final plat and labeled as "This area subject to flood plain regulations." Anyone building in this area should be aware of the location of this flood plain; c) 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; d) Engineered footings and foundations are required for new residential construction; e) 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; f) 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; g) 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; h) 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; i) 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; j) Larimer County has adopted a Right to Farm Resolution; k) 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; 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.

  1. WAAG MINOR LAND DIVISION & APPEAL: NORTHWEST 1/4 SECTION 12 OF TOWNSHIP 7 N, RANGE 68 W; AT THE SOUTHWESTERN CORNER OF COUNTY ROADS 3 AND 48 (EAST VINE DRIVE)

This is a request for approval of a Minor Land Division to create 3 lots from a 160 acre parcel. Two existing residences would be separated. Another residential lot would be created. More than 140 acres would be kept in agriculture. The concurrent appeal of County Land Use Code Section 5.4.3.A is to allow the creation of one additional buildable lot. Staff recommendation is approval with the following conditions 1. No direct access between Lot 1 and County Road 3 will be allowed. No additional accesses to County roads from Lots 2 and 3 will be allowed; 2. Lot 3 may not be further divided without County approval of the appropriate Subdivision, Conservation Development, or Planned Land Division process; 3. The Board of County Commissioners approves the appeal to Section 5.4.2.A. If this appeal is denied, the Minor Land Division would be denied or any approval would be voided.

MOTION

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

Motion carried 3 - 0.

10. PINERIDGE EXEMPTION APPEAL: EAST 1/2 OF THE WEST 1/2 OF 29-7-69 IN LARIMER COUNTY, COLORADO

This is a request for an appeal of Planning Staff determination regarding interpretation of purpose of a landscape easement and the record of proceedings. Staff findings include 1. Staff finds that the 30-foot landscape easement was created with the intention of buffering the visual impact of residential construction on the hillside, and area conditions have not changed; 2. Staff finds that the geotechnical report identified a rock fall area on this parcel that is approximately 30 feet wide in the same general location as the landscape easement for Parcel 4; 3. Staff finds that the applicants have stated that part of the reason they believe the County should grant the appeal is that the applicant intends to build a low profile house on the site. However, the County does not regulate the buying and selling of land. Consequently, if the appeal was granted, and the current owners were to sell the land to another party, the County will have limited its ability to protect the slope or buffer the visual impact should the next owners not wish to build as low-profile a residence or alter a permitted residence; 4. Staff finds that by granting the appeal, and interpreting the "landscape easement" as a buildable area, all parcels in the Exemption with the same easement would also be allowed to build primary or accessory structures in that easement. This is not consistent with the purpose and intent of the easement; 5. Staff finds that the applicant's statement that a denial of the requested appeal would cause him to build in such a way that the alternative plan would "achieve the opposite effect of what the original intent was" a self-imposed hardship, a personal choice by the applicant, and should not be a consideration in the interpretation of the language associated with the easement. If the applicant truly wishes to protect the environment, the applicant has other options for this site. Staff recommendation is denial of the Pineridge Exemption Appeal.

Ms. Ponce-Pore provided a brief background of the appeal and Ms. Haag noted that there were several statements within the original exemption several years ago that have caused confusion.

Mr. Gregg Sanders, the applicant provided the Board with a position paper responding to staff's recommendation for denial. Mr. Sanders stated that the proposed layout for the house and deck minimizes the number of trees to be removed. Much discussion ensued.

Chair Bender noted there is no public present to comment on this issue.

Mr. Kadera noted that historically no building within an easement or setback.has been allowed. Mr. Helmick stated that if this appeal is approved, staff requests specific direction for future development in the area with respect to the allowable intrusion of the easement. Board discussion ensued regarding the intent of the original exemption and Chair Bender noted that there is no statement(s) that prohibits building within the easement and that the intent was to keep homes off the ridgeline. The Board concured.

MOTION

Commissioner Rennels moved that the Board of County Commissioners approve the Pineridge Exemption Appeal clarifying the intent of the 30-foot landscape easement for Parcel 4 to allow structures or residents in the easement subject to the recorded covenants and the building height calculation requirements as stated in the original Findings and Resolution.

Motion carried 3 - 0.

There being no further business, the hearing recessed at 4:10 p.m.

LAND USE HEARING

(#153 & 154)

The Board of County Commissioners met with Al Kadera, Senior Planner; Chair Bender presided and Commissioners Gibson and Rennels were present. Also present were Jeannine Haag, Assistant County Attorney; Doug Ryan, Health Department; and Kay May, Recording Clerk.

1. AMENDMENTS TO THE LARIMER COUNTY LAND USE CODE

Mr. Kadera stated there are several proposed changes and suggested the Board review/ comment on each item separately; the Board concurred. Item #1: Appeals in the Growth Management Areas: Staff recommendation is Amend Section 22.3.1 to read, "Any person aggrieved by his/her inability to obtain a building permit or by any order, requirement or decision made by an administrative officer or agency in the administration, interpretation or enforcement of Section 3; Section 4 (except Subsections 4.2.1, 4.2.2, 4.2.3 and 4.2.4); Section 8.7; Subsections 8.17.1, 8.17.2, 8.18, 8.19, Section 16.0 and the Definitions Section of this Code can appeal to the Board of Adjustment."

Chair Bender noted there is no public present to comment on this item.

MOTION

Commissioner Gibson moved that the Board of County Commissioners approve item 1 as presented.

Motion carried 3 - 0.

Item #2: Change of Use. Staff recommendation is to amend Subsection 6.2.A.2 to read, "Site Plan Review is required: 2. Prior to any change in use of an existing multiple family or non-residential structure or use, including the conversion of any public use to a private use. This subsection does not apply to structures or uses that are accessory to a permitted agricultural use". And amend the definition of "Change of Use" to read, "Any use that substantially differs from the previous use of a building or land, including a change from a public use to a private use, in which the new use requires additional parking, landscaping, screening, buffering, drainage facilities or other changes to the site addressed in Section 8, Standards for All Development.

Chair Bender noted there is no public present to comment on this item.

MOTION

Commissioner Gibson moved that the Board of County Commissioners approve item #2 as presented.

Motion carried 3 - 0.

Item #3: Dwelling Rentals. Staff recommendation is to amend the Use Descriptions for Single-Family Dwelling, Duplex Dwelling and Dwelling-Cabin in Subsection 4.3.2 and the Definition of "Dwelling" by adding the following: "A dwelling may be leased or rented for any time period provided that the use of the property as a rental unit does not convert the property to a use contemplated by tourist or accommodation zoning, i.e. as a resort cabin, providing single night transient rentals."

Chair Bender noted there is no public present to comment on this item.

MOTION

Commissioner Rennels moved that the Board of County Commissioners approve item #3 as presented.

Motion carried 3 - 0.

Item #4 Annexation Requirement in Growth Management Areas:
Staff recommendation is to amend Subsection 4.2.1.D.2 by adding Subsection d to read, "In lieu of a denial of annexation by the municipality, the County Commissioners accept the written determination by the designated representative of the municipality that the subject property owner(s) need not apply for annexation".

MOTION

Commissioner Gibson moved that the Board of County Commissioners approve item 4 as amended.

Motion carried 3 - 0.

Item #5 Pre-Application Conference for CMRS Applications: Staff recommendation is Amend Subsection 16.1.5.A, Administrative Review by adding, "All applications for Administrative Review require a Pre-Application Conference as described in Subsection 12.2.2, Development Review Procedures".

Chair Bender noted there is no public present to comment on this item.

MOTION

Commissioner Rennels moved that the Board of County Commissioners approve item 5 as presented.

Motion carried 3 - 0.

Item #6 Oil and Gas Drilling and Production: Staff recommendation is to amend the Land Use Code by making Oil and Gas Drilling and Production a use by right (R) in Subsections 4.1.1, FA-Farming; 4.1.2, FA-1 Farming; 4.1.3, FO-Forestry; 4.1.4, FO-1 Forestry; 4.1.5, O-Open; 4.1.19, I-Industrial; and 4.1.20, I-1 Heavy Industrial, and AP-Airport.

Amend the Use Description in Subsection 4.3.7.F to read, "Oil and Gas Drilling Production. Any operation intended to discover, develop, recover and/or process oil and/or gas, excluding refineries. 1. An access permit must be obtained from the County Engineering Department prior to the commencement of any Oil and Gas Drilling and Production operation".

Chair Bender noted there is no public present to comment on this item.

MOTION

Commissioner Gibson moved that the Board of County Commissioners approve item 5 as amended.

Motion carried 3 - 0.

Item #7: Concept Review/Sketch Plan Review: Staff recommendation is 1. In Sections 4.4.5, 4.5.7, 5.1.4, 5.2.4 and 5.3.4 replace the phrase Concept Review (or Optional Sketch Plan Review) with Sketch Plan Review; 2. In section 5.13.2. delete "Concept Review"; Delete Subsection 12.2.3 and renumber the rest of the Section. The new Subsection 12.2.3 will read as follows: A. Sketch Plan Review is required for Rezoning, Special Review, Subdivision, Planned Land Division and Conservation Development. Sketch Plan Review is regularly scheduled with a submittal deadline once a month and s specific list of submittal requirements, which are contained in the Technical Supplement to this Code. The Planning Department will provide a schedule and a checklist for this procedure. The applicant should also address the issues identified in the Pre-Application conference; B. Upon receipt of a complete application, the Planning Department will refer the materials to the appropriate referral agencies (utilities, fire department, County Health, County Engineer, school district, etc.) and schedule the Sketch Plan Review, meeting. The staff person assigned to the case will compile the responses from referral agencies and will review the application for compliance with all provisions of this Code. A written staff report will be presented at the meeting; C. The goal of this review is to:

1. Have an exchange of information between the applicant and the staff so the applicant can decide whether to proceed with the application; 2. Minimize the cost of preparing materials for Sketch Plan Review but still obtain sufficient information to accurately assess the technical aspects of the application. A checklist of Submittal Requirements is included in the Technical Supplement to this Code; D. The Planning Director may waive the Pre-Application Conference and Sketch Plan Review for projects that result in a significant public benefit or for simple projects that do not need the additional input that results from Sketch Plan Review"; E. Planning Staff shall review the relationship between the new Section 12.2.3 and the existing Section 12.2.4 in the Land Use Code.

Chair Bender noted there is no public present to comment on this item.

MOTION

Commissioner Gibson moved that the Board of County Commissioners approve item 7 as presented by staff.

Motion carried 3 - 0.

Item #8: Sleeping Rooms: Mr. Doug Kindsfater noted that it is his belief that this is a right of the property owner and that the proposed language should be reconsidered. Mr. Ron Klein also expressed concern with the proposed wording and stated that regulations, which can not be enforced, should not be proposed. Mr. Klein suggested the following be considered, "Nothing in this code shall be interpreted as to preclude the temporary and occasional non-commercial use, by family members and guests, of portions of residential property as "sleeping space" that might otherwise not be defined as "habitable space". Such use shall not require any permits, reviews, or other actions from Larimer County, and shall be considered a use by right. Use of such space in this manner shall specifically result in immunity of Larimer County from any harm that may result from such use". Much discussion ensued and Commissioner Rennels suggested removing this item from consideration and discuss it further with the Steering Committee.

MOTION

Commissioner Rennels moved that the Board of County Commissioners remove item #8 from discussion.

Motion carried 2 - 1 with Chair Bender dessenting.

Item #9: 18.3.5 Recreational Vehicles Outside County Approved Recreational Vehicle Parks and Campgrounds: Staff recommendation is 1. The following standards apply to all recreational vehicles located pursuant to this Section of the Land Use Code whether a permit is required or not a) Recreational vehicles must remain readily mobile. Nothing may be attached to a recreational vehicle or placed in a manner that would prevent or hinder the immediate removal of the recreational vehicle; b) Recreational vehicles must be placed at least six feet from all buildings and other recreational vehicles; c) An address must be assigned to the lot or parcel and the address must be displayed pursuant to County requirements; d) The site of and hook-ups to the recreational vehicle must be in compliance with all applicable building, fire, electrical, mechanical and related codes; e) The recreational vehicle must have a current registration and vehicle license; 2. Temporary Dwelling During Construction. A recreational vehicle may be located as a temporary dwelling during the construction of a single family dwelling on the same lot or parcel subject to the following conditions a) A valid building permit for the permanent residence on the site must be in effect during the entire time that the recreational vehicle is located on the site; b) The property owner obtains a Larimer County Private Site RV Permit from the Larimer County Building Department; c) The recreational vehicle is connected to the sewage disposal system that will serve the single family dwelling, unless other arrangements have been approved by the County Health Department; d) In the Wildfire Hazard Area the recreational vehicle will be located at least 20 feet from continuous vegetation; 3. Vacation and Recreational Use of Recreational Vehicles. A recreational vehicle may be located for recreational or vacation purposes subject to the following conditions a) Recreational vehicles located for 30 or fewer days in any 12-month period do not require a permit. These vehicles must be transported to a sanitary dump station as needed to empty both gray water and toilet waste tanks; b) Recreational vehicles may be located for up to 180 days in any calendar year provided they meet the following requirements; i) The property owner obtains a Larimer County Private RV Site Permit from the Larimer County Building Department; ii) The recreational vehicle will be located in Townships 11 or 12 North or in Ranges 70 through 78 West; iii) The lot must be a legal lot pursuant to the Land Use Code; iv) There is not more than one recreational vehicle located on the lot or parcel; v) The recreational vehicle is connected to an approved sewage disposal system, unless other arrangements have been approved by the County Health Department; vi) The recreational vehicle has a reliable source of potable water; vii) A recreational vehicle cannot be occupied on a lot that is occupied by a principal building; viii) Recreational vehicles located in the Wildfire Hazard Area must be placed at least 20 feet from continuous vegetation; 4. Seasonal Worker Housing. Housing for seasonal workers is allowed in recreational vehicles in the FA-Farming, FA-1 Farming, O-Open, FO-Forestry, FO-1 Forestry and RE-Rural Estate Zoning Districts under the following conditions a) Seasonal worker housing for up to five recreational vehicles requires approval through the Minor Special Review process using the standards contained in Section 18.3, Recreational Vehicle Parks; b) Seasonal worker housing for more than five recreational vehicles requires approval through the Special Review Process using the standards in Section 18.3, Recreational Vehicle Parks; 5. The storage of unoccupied recreational vehicles as an accessory use to a single-family dwelling is addressed in Section 4.3.10.E. The storage of recreational vehicles as a business requires property that is zoned I-Industrial or I-1 Heavy Industrial and requires approval through the Special Review Process.

Mr. Kindsfater stated that the 180-day limit is too restrictive noting that it could take longer than 180-days to complete a house. Mr. Kadera stated that the 180-day restriction does not apply to a property owner who has submitted for and been issued a building permit to build a home. A building permit, Mr. Kadera continued is issued for 18-months and can be extended if necessary. Mr. Kindsfater also expressed concern with specified Section-Township-Ranges to place a RV while building a home.

Mr. Klein agreed with limiting the area for which a property owner must be located to build a home. 30-day limit for recreational use in a calendar year, Mr. Klein continued, is also too restrictive.

Chair Bender stated that Ms. Lucille Schmidt had called expressing concerns with this proposed change. Chair Bender noted that he could support 120-day recreational use, but not 30-days. Much discussion ensued regarding the areas of the County where a RV could be located.

MOTION

Commissioner Rennels moved that the Board of County Commissioners approve item 9 with the following changes: Numbers 1, 2, 4 & 5 to become effective July 1, 2003 and number 3 to be effective January 1, 2004; 30 or fewer days be changed to 60; Add Townships 9 & 10.

Commissioner Gibson asked to add a friendly amendment to the motion and suggested the 30-day requirement be changed to 120-days. Commissioner Rennels did not accept this amendment.

Motion failed 1 - 2 with Chair Bender and Commissioner Gibson dessenting.

MOTION

Commissioner Gibson moved that the Board of County Commissioners approve item 9 with the following changes: Numbers 1, 2, 4 & 5 to become effective July 1, 2003 and number 3 to be effective January 1, 2004; 30 or fewer days be changed to 120; Add Townships 9 & 10.

Motion carried 2 - 1 with Commissioner Rennels dessending.

Item #10 Pet Animal Regulations

MOTION

Commissioner Rennels moved that the Board of County Commissioners remove Pet Animal Regulations from the agenda with the exception of the following items, which are to be included under Minor Special Review:

Section 4.1, starting on Page 4-1 delete the following terms from all zoning districts: Veterinary Clinic/Hospital.

Section 4.3, Use Descriptions, starting on Page 4-70 delete the following terms: Veterinary Clinic/Hospital.

Definitions, Delete the following terms: Veterinary Clinic/Hospital.

Section 4.3.3.G, Personal Service, Page 4-73 delete, "1. A pet grooming facility can not include medical care of pets".

Motion carried 3 - 0.

Item #11 Minor Special Review and Home Occupation: Staff recommendation is:

4.5.1 Purpose

A. Some land uses may or may not be compatible with uses allowed in a given zoning district depending on the specific location and characteristics of the proposed use. Uses allowed by Minor Special Review or Special Review are not uses by right but uses that may be approved if the applicant can demonstrate that the proposed use complies with review criteria in Subsection 4.5.3.

B. The purpose of Minor Special Review and Special Review is to address potential impacts of certain land uses on existing and allowed uses in the same neighborhood. The process considers the location, design, configuration, intensity, density, natural hazards and other relevant factors pertaining to the proposed use. The County Commissioners may impose conditions on the proposed use to limit or address potential negative impacts on the environment, surrounding properties, utilities and County facilities and services. The County Commissioners may approve a Minor Special Review or Special Review that results in more than one principal building on the same lot upon finding that the uses are compatible and together do not constitute a negative impact on the surrounding area.

4.5.2 Applicability

Only those uses designated as Minor Special Review uses in Section 4.5.10 below

and Special Review uses in Section 4.1 (Zoning Districts) may be approved through this process. The designation of a use as a Minor Special Review or Special Review use does not guarantee the use will be approved. The Planning Commission and County Commissioners evaluate each proposed use for compliance with the review criteria detailed in this Section.

4.5.3 Review Criteria

To approve a Minor Special Review or Special Review application, the County Commissioners must find the following conditions exist. A Minor Special Review application must also meet the criteria in Subsection 4.5.10.C:

A. The proposed use will not adversely affect wildlife or wetlands;

B. Natural hazards on the site, including flood plains, will not adversely affect the proposed use. Natural hazards may be mitigated pursuant to the Natural Hazard Area Regulations in Section 8.3. Flood plain restrictions are included in Subsection 4.2.2 of this Code;

C. The proposed use will be compatible with existing and allowed uses in the surrounding area and be in harmony with the neighborhood;

D. Outside a GMA district, the proposed use is consistent with the County Master Plan. Within a GMA District, the proposed use is consistent with the applicable Supplementary Regulations to the GMA District, or if none, with the County Master Plan.

E. The proposed use will not exceed air, water, odor or noise standards established by County, state or federal regulations;

  1. The use is limited to the specific use described in the application;

G. The proposed use will not adversely affect property values in the area affected by the proposed use; and

H. The proposed use will comply with all requirements of this code and all applicable County, state and federal regulations;

4.5.4 Conditions of Approval

A. The Planning Director and Planning Commission may recommend and the County Commissioners may impose conditions on a Minor Special Review or Special Review use necessary to:

  1. Accomplish the purposes and intent of this Code and the Master Plan;

2. Prevent or minimize adverse effects on the public, neighborhoods, utilities and County facilities and services; and

3. Ensure compatibility of land uses.

B. These conditions of approval may include, but are not limited to:

  1. Limitations on the size, bulk and location of buildings;

2. Limitations on the intensity and extent of the proposed use;

3. Additional requirements for landscaping, buffering, screening and lighting;

4. Adequate ingress and egress;

5. Limiting the use to the owner of the property at the time of approval;

6. A specific, limited-time period to complete the project;

7. Limitations on hours of operation; and

8. Limitations on the duration of the use.

C. These conditions must be included in a Development Agreement signed by the applicant and the County Commissioners and recorded with the County Clerk and Recorder. The Development Agreement must comply with Section 12.6 (Post Approval Requirements) of this Code.

D. County Commissioners may require the applicant to post sufficient collateral to ensure the timely completion of any improvements required or needed to address potential impacts of the proposed use. The amount and type of collateral must be detailed in the Development Agreement and be consistent with Section 12.6.

4.5.5 Minor Deviations

Technical, engineering or other considerations during construction or operation may necessitate minor deviations from the approved Minor Special Review or Special Review plans. The Planning Director may approve minor deviations if they comply with this Code and are consistent with the intent of the original approval. The Planning Director's approval must be in writing. The decision of the Planning Director may be appealed to the County Commissioners pursuant to Section 22 (Appeals).

4.5.6 Amendments

Changes to approved Minor Special Review or Special Review plans that the Planning Director determines are not minor deviations require approval through the Minor Special Review or Special Review Process. This requires a new application and receives full review under the process described below. The Planning Director may, however, waive Sketch Plan Review and a portion of the application fees.

4.5.7 Process

All applications for Minor Special Review require a Pre-Application Conference, a Neighborhood Meeting and County Commissioner Review. The Planning Director may waive the neighborhood meeting, in writing, if he/she determines the meeting would not benefit the County Commissioners' review of the application.

All applications for Special Review require a Pre-Application Conference, Sketch Plan Review, Neighborhood Meeting, Planning Commission review and County Commissioner review. Each of these processes is described in Section 12.2 (Development Review Procedures).

4.5.8 Post Approval Requirements

A. Prior to beginning any construction or the commencement of the approved use, the applicant must comply with Section 12.6 (Post Approval Requirements).

B. Site Plan Review under Section 6 of this Code is required before an application for a building permit can be accepted by the Building Department. Site Plan Review may be concurrent with the Minor Special Review or Special Review process. The Planning Director may approve a Simplified Site Plan where he/she determines it is appropriate. A building permit is required for the construction of any buildings or structures on the site.

4.5.9 Expiration of Approval

Minor Special Review and Special Review approvals automatically expire without a public hearing if the use is not commenced within 3 years of the date of approval.

      1. Uses Permitted by Minor Special Review

  1. Uses described as Home Occupations in Section 4.3.10.B that will be conducted in detached accessory buildings or use more than 800 square feet within the dwelling and attached garage, require prior approval through the Minor Special Review process.
  2. Minor Special Review uses are limited to the FA-Farming, FA-1 Farming, FO-Forestry, FO-1 Forestry, O-Open and RE-Rural Estate Zoning Districts.
  3. Any Minor Special Review use must meet all the following criteria:

  1. All outdoor storage of materials, parts, equipment, finished product and other items associated with the approved Minor Special Review Use must be effectively screened from surrounding properties and limited to an area not to exceed 200 square feet;
  2. A Minor Special Review Use cannot occupy more than 800 square feet in a detached, accessory building. More than one Minor Special Review Use may be approved on a lot but the total area occupied cannot exceed 800 square feet;
  3. The use must be located on the same lot with the single family dwelling occupied by the owner/operator of the use;
  4. The proposed Minor Special Review Use will not change the character of the lot or the neighborhood;
  5. In all cases the Minor Special Review Use must be located at least 50 feet from all property lines;
  6. On-site retail sales are limited to products identified and declared in the Minor Special Review application and approved by the County Commissioners;
  7. The Minor Special Review Use can employ one full time equivalent employee who does not reside on the premises as a member of the family;
  8. All parking required to accommodate a use approved by Minor Special Review must be provided on the site of the use; and
  9. The maximum sign size for a use permitted by Minor Special Review is 3 square feet. Each use approved by Minor Special Review is limited to one sign, which must be located on the same lot as the use.

The definition of "Home Occupation" also needs to be amended to work with the Minor Special Review Process. Amend the use description of Home Occupation in Section 4.3.10.B to read, "A use conducted as a personal service, trade use, but not including an automobile body or paint shop, or professional office or by a writer, artist or craftsman which use is conducted within a dwelling and/or attached garage. A Home Occupation that does not meet the criteria in this section may be eligible for approval by Minor Special Review. See Subsection 4.5.10."

  1. A home occupation may utilize up to 50% of the square footage of the dwelling, including the basement and attached garage, but not more than 800 square feet. More than one Home Occupation is permitted on a lot but the total area occupied cannot exceed 50% of the square footage of the dwelling and/or attached garage, but not more than 800 square feet.
  2. The use must be conducted by members of the family who reside on the premises. A home occupation may employ one full time equivalent person who does not reside on the premises.
  3. All parking required to accommodate a home occupation must be provided on the site of the home occupation.
  4. There can be no outside storage associated with a home occupation.
  5. A home occupation cannot change the residential character or the exterior appearance of the dwelling.
  6. The maximum sign size for a home occupation is 3 square feet. Each home occupation is limited to one sign, which must be located on the same lot as the home occupation.

Add a definition of "Craftsman" to read, "A person who produces articles of artistic quality or handmade workmanship, such as, candles, jewelry, glass, pottery, woodworking, weaving and similar items.

Add Personal Service, Trade Use (not including an automobile body or paint shop), Professional Office and Artist, Writer and Craftsman Studio to the uses permitted in Sections 4.1.1, FA-Farming, 4.1.2, FA-1 Farming, 4.1.3, FO-Forestry, 4.1.4, FO-1 Forestry, 4.1.5, O-Open and 4.1.8, RE-Rural Estate. Each use will be followed by the initials (MS) to indicate that Minor Special Review is required for these uses.

Amend Subsection 4.1.5.38, Bed and Breakfast (S) to read "Bed and Breakfast (MS/S) and amend Subsection 4.3.6.B Bed and Breakfast by adding Subsection 2 to read, "A bed and breakfast in the O-Open Zoning District accommodating 6 or fewer guests requires approval through the Minor Special Review Process. A bed and breakfast in the O-Open Zoning District accommodating more than 6 guests requires approval through the Special Review Process."

Mr. William Welch of Connell Resources expressed concern with the approval of a minor special review being applicable for the original applicant/owner only; time and duration constraints for completing the project.

Ms. Mary Harnett stated that she agrees with the comments by Mr. Welch and noted that the owner of the property is not always the business owner.

Mr. Douglas Barkley agreed with the previous comments and questioned the term "compatibility".

Mr. Ron Kline stated that he is in agreement with the small home business but objects to the number of restrictions. Mr. Kline also noted that he disagrees with time/ duration restrictions.

Mr. Brian Schum stated that he agrees with the minor special review as proposed and noted that any home occupation should be limited in appearance so as not to look like a commercial facility. Mr. Schum also noted that enforcement of home occupation regulations need to be enforced and suggested enforcement staff be increased.

Commissioner Rennels clarified that gravel mines and quarries are submitted under the Special Review process, so they should be removed from this section altogether. "Home Occupation" uses, Commissioner Rennels continued, are what generated the proposed Minor Special Review process. Commissioner Rennels suggested Item 11 either be removed from consideration or tabled.

MOTION

Commissioner Rennels moved that the Board of County Commissioners table item 11 to May 19, 2003 at 3:00 p.m.

Motion carried 3 - 0.

There being no further business, the hearing adjourned 9:05 p.m.

TUESDAY, APRIL 8, 2003

ADMINISTRATIVE MATTERS

(#155)

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, K-Lynn Cameron and Charlie Johnson, Parks and Open Lands; John Gamlin and Pam Stultz, Human Resources; Donna Hart and Deni La Rue, Commissioner's Office; Larry Timm, Director of Planning; and Jean M. O'Connor, Clerk to the Board.

  1. PUBLIC COMMENT: None

2. APPROVAL OF THE MINUTES FOR THE WEEK OF MARCH 31, 2003:

MOTION

Commissioner Gibson moved that the Board of County Commissioners approve the minutes for the week of March 31, 2003 as presented.

Motion carried 2 - 0. (Commissioner Rennels abstained since she was not present)

3. REVIEW OF THE SCHEDULE FOR THE WEEK OF APRIL 14, 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:

PETITIONS FOR ABATEMENT: As recommended by the County Assessor, the following petitions for abatement are approved Bernhardt Living Trust; LTC Properties, Inc.; Stephen and Klen; and Iszler.

04082003A001 HIPPA BUSINESS ASSOCIATE ADDENDUM TO THE CONTRACT DATED JUNE 30, 2002 2303-1313 BETWEEN THE BOARD OF COUNTY COMMISSIONERS AND THE DEPARTMENT OF HEALTH CARE POLICY AND FINANCING FOR THE USE AND BENEFIT OF LARIMER COUNTY DEPARTMENT OF HUMAN SERVICES

04082003A002 DEVELOPMENT AGREEMENT BETWEEN THE BOARD OF COUNTY COMMISSIONERS AND MOUNTAIN VIEW MARKET PLACE, LLC AND WILLOWEST HOMEOWNERS ASSOCIATION, INC FOR THE WILLOWS SUBDIVISION AND AMENDED PLAT

04082003A003 AGREEMENT BETWEEN THE BOARD OF COUNTY COMMISSIONERS AND THE STATE OF COLORADO AND THE BURLINGTON NORTHERN AND SANTA FE RAILWAY COMPANY TO INSTALL UPGRADE WARNING DEVICES (CR2E)

04082003A004 AGREEMENT BETWEEN THE BOARD OF COUNTY COMMISSIONERS AND THE STATE OF COLORADO AND THE BURLINGTON NORTHERN AND SANTA FE RAILWAY COMPANY FOR UPGRADING HIGHWAY/RAILROAD GRADE CROSSING WARNING DEVICES UNDER FEDERAL SECTION 130 (CR 15A)

04082003R001 RESOLUTION CONCERNING THE CONTRACTS FOR UPGRADING HIGHWAY/RAILROAD GRADE CROSSING WARNING DEVICES

04082003R002 RESOLUTION REGARDING THE RELEASE OF RESTRICTIONS ON SALE OF LOTS FOR THE WILLOWS SUBDIVISION

MISCELLANEOUS: Amended Plat of Lots 5 & 6, Block 1 of the Amended Plat of Lots 4 - 6, Block 1 and Outlot A of the Willows and Lots 7, 9, 10, 11, 12, Block 1 of the Willows.

LIQUOR LICENSES: The following licenses were approved Overland Foods- 3.2%- LaPorte, CO; The Baldpate Inn- H & R- Estes Park, CO; Horsetooth Yacht Club- H & R- Fort Collins, CO; Diamond Shamrock Corner Store- Change of Trade Name- Loveland, CO; and La Chaumiere- H & R- Lyons, CO. The following licenses were issued Columbine Lodge- 3.2%- Bellvue, CO; Al Fresco Great Italian Foods- H & R- Fort Collins, CO; and Genesis Entertainment- Tavern- Fort Collins, CO.

Motion carried 3 - 0.

5. CULVER PROPERTY OPEN LANDS ACQUISITION: Ms. Cameron stated that the 284-acre Culver property is SW of Horsetooth Mountain Park and would be purchased in two phases for a total purchase price is 1.5 million. Ms. Cameron requested approval for an allocation of 1.5 million from the Open Space Sales Tax fund and the acquisition of the Culver properties.

MOTION

Commissioner Gibson moved that the Board of County Commissioners approve the allocation of 1.5 million from the Help Preserve Open Space Sales Tax Fund for the acquisition of the Culver property.

Motion carried 3 - 0.

MOTION

Commissioner Gibson moved that the Board of County Commissioners approve a resolution for the acquisition of the Dale Lee Culver and Jill Blair Culver property.

Motion carried 3 - 0.

04082003R003 RESOLUTION FOR THE ACQUISITION OF THE DALE LEE CULVER AND JILL BLAIR CULVER PROPERTY (27.99-Acres)

MOTION

Commissioner Gibson moved that the Board of County Commissioners approve a resolution for the acquisition of the Betty Jo Culver property.

Motion carried 3 - 0.

04082003R004 RESOLUTION FOR THE ACQUISITION OF THE BETTY JO CULVER PROPERTY (256.52-Acres)

6. ADOPTION OF POLICY AND PROCEDURE TO COMPLY WITH THE FEDERAL HEALTH INSURANCE PORTABILITY AND ACCOUNTABILITY ACT OF 1996 (HIPAA): Mr. Gamlin requested approval of a resolution stating the County's compliance with a new Federal Law, which will be effective April 14, 2003.

MOTION

Commissioner Rennels moved that the Board of County Commissioners approve a resolution designating health care components under the Heather Insurance Portability and Accountability Act of 1996.

Motion carried 3 - 0.

040803R005 RESOLUTION DESIGNATING HEALTH CARE COMPONENTS AND PRIVACY OFFICER AND CONTACT OFFICE UNDER THE HEALTH INSURANCE PORTABILITY AND ACCOUNTABILITY ACT OF 1996 (HIPAA)

7. REVISIONS TO SECTION 6 OF THE LARIMER COUNTY PERSONNEL POLICY MANUAL: Ms. Stultz noted that insurance premiums were collected monthly and now that payroll is met semi monthly, the insurance premiums need to be collected in advance. Ms. Stultz stated that this change would only affect new employees. Commissioner Gibson expressed concern with the burden of a new payroll system being placed on new employees.

MOTION

Commissioner Gibson moved that the Board of County Commissioners approve the revision to Chapter 6 of the Larimer County Personnel Policy Manual dealing with the effective dates of coverage under employee insurance benefits programs and other matters of a housekeeping nature. These changes are to be retroactive to the implementation of the new payroll system.

Motion carried 3 - 0.

8. REQUEST TO FORMALLY DISCONTINUE THE LAND USE CODE CITIZEN TECHNICAL MONITORING COMMITTEE: Mr. Timm stated that the monitoring committee was originally formed to address unintentional consequences of the Land Use Code. However, Mr. Timm continued there have been very few comments and requested the committee be discontinued.

MOTION

Commissioner Rennels moved that the Board of County Commissioners discontinue the Land Use Code Citizens Technical Monitoring Committee, effective immediately, and direct staff to send a letter to all members informing them of this action and thanking them for their service.

Motion carried 3 - 0.

9. WORK SESSION: Mr. Lancaster stated that the Division of Local Affairs has released information addressing Government structure such as home rule and this issue of having 5 Commissioners. The Board requested a work session to review the information.

Mr. Lancaster reviewed agenda topics for meeting with the City of Loveland; Chair Bender requested "Character Community" be discussed since the City has not adopted this program.

Mr. Lancaster informed the Board that the Community Corrections Board adopted a resolution thanking the Commissioners for the new Correctional facility.

Mr. Lancaster requested the Board approve the Federal Seizure Fund allocation and suggested they consider authorizing the County Manager to approve the allocation in the future.

MOTION

Commissioner Gibson moved that the Board of County Commissioners approve the allocation of the Federal Seizure Fund and authorize the County Manager to sign in the future.

Motion carried 3 - 0.

Chair Bender noted that HB1140 establishes a species priority list for the Weed District for dealing with noxious weeds and the expansion of the District's powers to work with other municipalities/agencies.

MOTION

Commissioner Rennels moved that the Board of County Commissioners authorize the Chair to sign a letter of support to Governor Owens for HB 1140.

Motion carried 3 - 0.

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

  1. LEGAL MATTERS: None

There being no further business, the meeting adjourned at 10:35 a.m.

_________________________________

THOMAS G. BENDER, CHAIR

COUNTY COMMISSIONERS

SCOTT DOYLE

CLERK AND RECORDER

(S E A L)

A T T E S T

________________________________

Jean M. O'Connor, Clerk to the Board