MINUTES OF THE BOARD OF COUNTY COMMISSIONERS

Monday, November 3, 2003

LAND USE HEARING

(#194 & 195)

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 Christie Coleman, Engineering Department; David Karan, Matt Lafferty, Geniphyr Ponce- Pore, Karin Knauf, Jim Reidhead, Al Kadera, Russ Legg, and Claudia DeLude, Planning Department; Doug Ryan, Health Department; Jeannine Haag, Assistant County Attorney; Ron Gonzalez and Kevin Wilson, Poudre Fire Authority; and Jean M. 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.

1. SOUTH FORT COLLINS SANITATION DISTRICT LIFT STATION FLOOD PLAIN SPECIAL REVIEW (FPSR): ON THE NORTH SIDE OF COUNTY ROAD 32E APPROXIMATELY 1500 FEET EAST OF COUNTY ROAD 3

This is a request to approve the new location for the South Ft. Collins Sanitation District Lift Station as recommended by the Flood Review Board. Staff recommendation is approval.

2. AMENDED PLAT OF LOTS 18 AND 19, BLOCK 1, BERTHOUD DALE SUBDIVISION: SW 1/4 OF SECTION 21, T5N, R72W LOCATED ACROSS THE BIG THOMPSON RIVER FROM U.S. 34 APPROXIMATELY 2 MILES NE OF LAKE ESTES

This is a request to move the boundary line between two platted lots. Staff recommendation is to approve the Amended Plat of Lots 18 and 19, Block 1, Berthoud Dale Subdivision subject to the following condition: 1. The applicant must make the changes to the plat requested by the County's Engineering Department in the Land Surveyor's 9/29/03 letter except also add, "File # 03-S2193" to the title.

  1. ELCO WATER DISTRICT APPEAL OF SECTION 8.6.3.6.1 OF THE LARIMER COUNTY LAND USE CODE: A PORTION OF SECTION 7, T 7 N, R 69 W; MORE SPECIFICALLY LOCATED ON THE EAST SIDE OF LINK LANE, APPROXIMATELY 1/4 MILE NORTH OF HIGHWAY 14 (MULBERRY DRIVE)

This is a request for an appeal to Section 8.6.3.6.1 of the Land County Land Use Code to allow recycled asphalt for required parking and access, where asphalt is required. Staff recommendation is approval of the appeal to Section 8.6.3.6.1 of the Land Use Code to allow the use of recycled asphalt where paving is required.

4. AMENDED PLAT OF LOT 1 OF THE PETERMAN MINOR LAND DIVISION (MLD): A PORTION OF SECTIONS 11, 13 AND 14 - T 4 N - R 70 W; MORE SPECIFICALLY LOCATED NEAR THE EASTERN SIDE OF CARTER LAKE ALONG THE NORTH SIDE OF COUNTY ROAD 8E, APPROXIMATELY 1/2 MILE EAST OF COUNTY ROAD 27E

This is a request for an Amended Plat to adjust the property line between Lot 1 of the Peterman MLD and an adjacent metes and bounds parcel to the north of the this Lot. Staff findings are 1. The proposed Amended Plat for Lot 1 of the Peterman MLD complies with the review Criteria of the Larimer County Land Use Code for Amended Plats; 2. The proposed Amended plat for Lot 1 of the Peterman MLD will not adversely affect the surrounding properties or the natural environment. Staff recommendation is approval of the Amended Plat of Lot 1 of the Peterman MLD (02-S 1994) and authorize the Chair to sign the plat when presented for signature.

5. AMENDED PLAT AND EASEMENT VACATION FOR GLACIER VIEW MEADOWS TWELFTH FILING, LOTS 58-60 AND 68: NE1/4 OF SECTION 36, TOWNSHIP 9 NORTH, RANGE 72 WEST OF THE 6TH PM IN GLACIER VIEW MEADOWS, LARIMER COUNTY, COLORADO

This is a request to amend the plat of Glacier View Meadows 12th Filing for Lots 58-60 and 68, and vacate those easements located on the common lot lines between these lots in order to create on buildable residential lot. Staff recommendation is approval subject to the following conditions and authorize the Chair to sign the plat when presented for signature 1. The Final Plat shall be recorded by May 3, 2004 or this approval shall be null and void; 2. Technical corrections requested by Dale Greer shall be made prior to recordation of the plat.

6. AMENDED PLAT AND EASEMENT VACATION OF LOT 73 AND AMENDED LOT 74 MEADOWDALE HILLS 2ND FILING: NE 1/4 OF SECTION 34, TOWNSHIP 5, RANGE 73 WEST; LOCATED BETWEEN ALPINE AND PINE TREE DRIVES IN MEADOWDALE HILLS, OFF STATE HIGHWAY 36 AND SOUTHEAST OF ESTES PARK

This is a request for an Amended Plat to reconfigure 2 lots to provide a better building site and to vacate the utility easement between the existing lots. Staff recommendation is approval subject to the following conditions and authorize the Chair to sign the plat when presented for signature 1. The new lots created by this action shall be renamed Lot 1 and Lot 2 instead of Lot 73A and 74A; 2. Prior to the recordation of the Final Plat the application shall make the technical corrections found in the referral letter from Dale Greer, Land Surveyor of the Larimer County Engineering Department, dated September 24, 2003; 3. All conditions shall be met and the Final Plat recorded by May 3, 2004 or this approval shall be null and void.

7. SQUIRES PRELIMINARY RURAL LAND PLAN: 13-08-68; GENERALLY LOCATED NORTHWEST OF FORT COLLINS, 2 MILES EAST OF INTERSTATE 25 AT THE SOUTHEAST CORNER OF THE INTERSECTION OF COUNTY ROADS 3 AND 58

This is a request to divide 93 +/- acres into five (5) single-family lots and one (1) Residual Lot (private open space). The division will consist of two (2) new home sites/lots (each about 5 acres in size), three (3) existing home sites/lots (two about 5 acres in size and one 10 acres in size), and one (1) Residual Lot (about 63 acres) that will only be allowed agricultural support buildings. The Residual Lot will be protected from further development for a minimum of 40-years by a protective covenant. Staff findings are that this proposal is consistent with the policies of Section 5.8-Rural Land Use Process of the Larimer County Land Use Code. Support for the Squires 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 (3 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 1. Protective covenant on residual land; 2. Preservation of open space; 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 division of property into 35-acre parcels.

Staff recommendation is approval of the Squires Preliminary Rural Land Plan. The following contingencies must be met prior to approval of final plat by the Board of County Commissioners 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. Dedicated right-of-way shall be given on the County Roads as requested by Engineering Department (County Road 3-50 foot half right-of-way; County Road 58-30 foot half right-of-way). If agreement can be reached with the ditch company, access to lots 4 and 5 should be combined with the ditch rider's access and a letter from the ditch company giving approval to use the ditch rider's road for a shared access must be provided before final plat approval. If agreement cannot be reached on a shared access, the access must be approved by the Larimer County Engineering Department before final approval. Road names and addressing shall meet standards in Section 5.11 of the Larimer County Land Use Code; 2. All existing easements of record shall be located on the final plat along with a 10' easement on both sides of any existing overhead electric lines and a 25 foot easement out from the ditch bank for the ditch companies; 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 pubic water is not available, the water supply can be provided by on-lot wells; 4. Building envelopes on Lots 4 and 5 shall be designated to avoid the NCWA water line easement and the building envelope for Lot 5 shall be designed to keep all structures at least 400 feet (a 400-foot set back) from Mr. Oakleaf's (a neighbor whose property is immediately south of the Squire's property) north property line; 5. Preliminary soil testing must be completed and lot design approved by the Larimer County Health Department prior to final plat approval. Because of the potential for the sewer systems to impact the water quality in the lower Windsor Reservoir & Canal Co. Ditch or for the groundwater from the Cowan Ditch to interfere with the functioning of the sewer systems, soil tests will be required to be performed during the irrigation season to measure the location of groundwater to determine how significant the constraints are. Once determined, reconfiguration of the lots may be required at that time; 6. 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; 7. The final development agreement must be reviewed and approved by the County Attorney prior to final plat approval; 8. The final development agreement must include language that states the following for the mineral interests: The Property is subject to severed mineral interests that are owned by Anadarko E&P Company LP and Anadarko Land Corp. The Squires R.L.U.P. and subsequent development of the Property 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; 9. Automatic fire protection sprinklers will be required for all new residential structures or written permission for variance from this requirement from the fire district; 10. Basement construction will not be permitted unless it can be demonstrated on a lot by lot basis that the ground water is a minimum of three (3) feet below the lowest floor elevation; 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 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) 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; 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) Basement construction will not be permitted unless it can be demonstrated on a lot by lot basis that the ground water is a minimum of three (3) feet below the lowest floor elevation; f) 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; g) 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; h) 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; i) 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; j) 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; k) Larimer County has adopted a Right to Farm Resolution; l) 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; m) Some or all lots in this development may include building envelopes. All structures must be located within these Larimer County approved building envelopes (if any), as shown on the approved subdivision plat; n) 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; o) 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; p) 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; q) 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.

MOTION

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

Motion carried 3 - 0.

  1. AMENDED PLAT AND EASEMENT VACATION FOR LOTS 192 AND 193, GLACIER VIEW MEADOWS 12TH FILING AND SEWER SERVICE PLAN AMENDMENT FOR THE GLACIER VIEW MEADOWS WATER AND SANITATION DISTRICT: S 1/2 OF SECTION 36, TOWNSHIP 9 NORTH, RANGE 72 WEST OF THE 6TH PM IN GLACIER VIEW MEADOWS, 12TH FILING, ADJACENT AND NORTH OF THE INTERSECTION OF HORSE MOUNTAIN DRIVE AND MT. MCCONNELL DRIVE
  2. This is a request for an amended plat to combine Lots 192 and 193 in Glacier View Meadows (GVM) 12th Filing, to vacate the utility easement located on the common lot line, and to amend the GVM Sewer Service Plan in order to allow the resultant lot to be excluded from the Plan. Staff recommendation is approval of the Amended Plat of Lots 192 and 193, of Glacier View Meadows 12th Filing and Easement Vacation subject to the following conditions and authorize the Chair to sign the plat when the conditions are met: 1. The Final Plat shall be recorded by May 03, 2004 or this approval shall be null and void; 2. All changes to the plat requested by Dale Greer of Larimer County Engineering shall be made prior to recordation of the plat. And denial of the request for the resultant lot to be excluded from the Glacier View Sewer Service Plan.

    Mr. Ryan provided the Board with a brief history for the original approval of the 12th Filing and noted that the developer did not have sufficient funds to install the water/sewer utility services as required in that original approval. Mr. Ryan further noted that both the Larimer County Land Use Code and the GVM Sewer Service Plan require the resultant lot to be connected to the system.

    Mr. Legg concurred with Mr. Ryan's statements and noted that the success of the GVM Sewer Service Plan is contingent upon participation of all designated lots.

    Mr. Daniel Guyette, the applicant, stated he is pleased the amended plat is moving forward and requested the Board consider the appeal and the proposed use of a vault system. Mr. Guyette noted that one lot was approved for the GVM Service Plan and the other was approved for a vault system, so he should not be required to participate in the plan. Mr. Guyette further noted that the tapping fee is due at the time of the amended plat application, instead of at the building permit stage; and that due to the financial burden, he speculated that this is the reason most of the properties within the 12th Filing are for sale. Mr. Guyette stated that he is willing to reimburse improvement costs to his lot, but prefers not to be included in the service plan.

    Chair Bender noted there is no public present for this item and closed public comment.

    Commissioner Gibson expressed concern for the additional financial burden for other lot owners if this lot is excluded, but that he could support the amended plat. Chair Bender stated that there is no compelling reason to approve the appeal; Commissioner Rennels concurred.

    MOTION

    Commissioner Gibson moved that the Board of County Commissioners approve the amended plat request for GVM 12th Filing Lots 192 and 193 as presented and outlined above. Commissioner Gibson moved that the Board of County Commissioners deny the request for the GVM Sewer Service Plan Amendment.

    Motion carried 3 - 0.

  3. TARUM MINOR LAND DIVISION (MLD) APPEAL: A PORTION OF THE SOUTHEAST 1/4 OF SECTION 3, TOWNSHIP 5 NORTH, RANGE 68 WEST; MORE SPECIFICALLY SITUATED APPROXIMATELY 1/2 MILE SOUTH OF COUNTY ROAD 16 AND 1/8 MILE EAST OF THE SOUTHEAST FRONTAGE ROAD
  4. This is a request for an appeal to Section 5.3 (Conservation Development) and 5.4 (Minor Land Division) of the Larimer County Land Use Code to allow a division of Lot 2 of the Tarum MLD, which property has already been divided by MLD. The applicant proposes to not allow use of the balance of the property until a formal land division application is approved. Staff recommendation is denial of the Tarum MLD Appeal.

    Mr. Lafferty briefed that Board regarding this application and stated that the Board approved the original Tarum Minor Land Division (MLD) and that the MLD process contains a condition, which prohibits further division of the property unless the applicant submits a subdivision application.

    Mr. Dale Tarum, the applicant, stated that his wife's illness and medical bills created a financial hardship, which resulted in the original MLD, but that he did not understand that the use of that process precluded further division of the land. Mr. Tarum stated that he has tried to sell the larger portion of the property with a stipulation that he be able to remain in his home, but developers were not interested in keeping the home on the site.

    Commissioner Rennels asked how he accesses his home now and Mr. Tarum stated there is a deeded easement. Commissioner Gibson asked if Mr. Tarum objected to being annexed into Johnstown if the MLD was approved and Mr. Tarum stated that if that is what it takes, but prefers to not be annexed. Chair Bender stated that the Open Lands program purchases property and allows a residence to remain and asked if this option had been considered. Mr. Tarum stated that the option had been discussed last year but never came to fruition.

    Ms. Linda Parker stated that a packet had been received from Johnstown and that they had met with Mr. Franklin, Town Planner, and Mr. Tarum understands that the property will be annexed.

    Commissioner Gibson stated that he supports the appeal and that Mr. Tarum shouldn't suffer because he didn't understand and further noted that annexation would divide the site anyway.

    Commissioner Rennels stated that Mr. Tarum would probably have divided the requested 5-acres in the original application if he understood the process and therefore supports the appeal if the following two conditions are part of the approval: 1. The resultant lot (38.70-acres) is prohibited from further division unless the property owner proceeds with the Larimer County Subdivision process; 2. Access to the resultant lot will utilize the existing deeded easement.

    MOTION

    Commissioner Rennels moved that the Board of County Commissioners approve the Tarum MLD Appeal with the two conditions stated in the above paragraph.

    Motion carried 3 - 0.

  5. HOMESTEAD VALLEY SUBDIVISION PRELIMINARY PLAT: SE 1/2 OF 23-08-70; LOCATED ON THE EAST SIDE OF COUNTY ROAD 27E, APPROXIMATELY 1/2 MILE SOUTH OF THE INTERSECTION OF COUNTY ROAD 54E

This is a request for Preliminary Plat approval for subdivision of a 29.43-acre parcel into two lots for residential use and an appeal to Section 8.1.4 fire sprinkler requirements. Staff recommendation is approval of the Homestead Valley Preliminary Plat with the following conditions 1. The Final Plat of the Homestead Valley Subdivision shall be completed in strict compliance with the conditionally approved preliminary plat and other information submitted by the applicant and contained in the file, #03-S2083, unless modified by the conditions of this approval; 2. The applicant shall provide a Final Development Agreement and Disclosure Notice for approval by the County to be recorded with the Final Plat. This notice will provide information to all lot owners of the conditions of approval and special costs or fees associated with the approval of this project. The notice shall include, but is not limited to; the issues related to rural development, fire department requirements, the requirement for an access permits and culverts, the need for engineered footings and foundations, flooding issues associated with the Rist Creek drainage, required building envelopes, the need for passive radon mitigation, and the issues raised in the review and or related to compliance with the Larimer County Land Use Code; 3. The following fees shall be collected at building permit for new single family dwellings: Poudre R-1 school fees in lieu of dedication, Larimer County fees for County and Regional Transportation, and the Larimer County Park Fee in lieu of dedication. The fee amount that is current at the time building permit application shall apply. Prior to construction, the applicant must contact the County Engineering Department and obtain a Development Construction Permit; 4. Passive radon mitigation measures shall be included in the construction of all new residential structures in this development. Radon detection tests are required in all new residential structures on this site. The results of these tests shall be submitted to the Planning Department once the structure is enclosed but prior to issuance of a certificate of occupancy. As an alternative, a builder may present a prepaid receipt for a radon tester that specifies that a test will be done within 30 days. A permanent certificate of occupancy can be issued when the prepaid receipt is submitted; 5. The final plat shall show a building envelope for the proposed lot 2 that is located outside the flooding limits of the drainage ways that cross the property during the 100 year storm event. The area identified shall be shown in a manner that is tied to the property survey and can be located in the field; 6. During the Final Plat review process for this development and prior to approval, the applicant shall resolve the technical issues found in the following referral letters a) Larimer County Engineering Department by Traci Downs, dated August 7, 2003, and b) Larimer County Health Department by Doug Ryan, dated August 6, 2003; c) The applicant shall comply with the requirements of the Poudre Fire Authority as outlined in the memo from Ron Gonzales, Poudre Fire Authority Assistant Fire Marshal, and dated February 19, 2003; and d) The applicant shall comply with the requirements of the Colorado Geological Survey as outlined in the letter from James M. Soule dated August 12, 2003. AND Staff recommendation is denial of the appeal to Section 8.1.4 requesting that the proposed new lot be exempt from fire sprinkler requirements.

Ms. Knauf stated that staff and the applicant are in agreement so far as the preliminary plat and attached conditions; however staff can not support the appeal to sprinkler systems.

Chair Bender stated that amendments to the Land Use Code addressed sprinklers in homes and asked if the units would be more than 200-feet apart and Mr. Helmick replied in the affirmative but noted that other components of the amendment require alternative fire suppression mechanisms and this application is not proposing any alternatives.

Mr. David Morrow, the applicant, stated that the Poudre Fire Authority (PFA) approved his current home without sprinklers in 1992 and noted that it is cost prohibitive to install a sprinkler unit. Mr. Morrow requested explanation as to how "Big Brother" could mandate sprinkler expenses, in a rural setting, when the other homes in the area are not sprinklered and the homes are far apart.

Mr. Ron Gonzalez, Poudre Fire Authority Assist Fire Marshall, stated PFA requires sprinklers for two reason 1. Access- homes in rural settings tend to have long accesses and if a tanker responds, it takes too long to re-fill that tanker and return. 2. Water supply- this application does not propose any. Mr. Gonzales further noted that the sprinkler requirement is also for the safety of the firefighters; allows for a better response and suppression of the fire. As a side note, Mr. Gonzales continued, many insurance companies have discounts or rebates for home sprinkler systems.

Commissioner Gibson stated that there is a 3% sprinkler head failure rate and asked if there is a process in place to check the heads and Mr. Gonzales replied in the affirmative and at no cost to the homeowner.

Chair Bender asked if a water source was available, would the sprinklers still be required by PFA? Mr. Gonzales replied in the affirmative and stated that water storage is deemed unreliable source because the department has no way to know in advance of a fire call, how much water is available and if storage container is free of debris.

Chair Bender noted that there is no public present for this item.

Mr. Morrow stated that he understands the fire departments viewpoint but that the decision should be at the discretion of the property owner.

Fire Marshall Wilson stated that he would be happy to meet with Mr. Morrow and provide statistics and briefing noted that 70% of Station 7 calls are medical in nature, consideration of the expectations of future residents, that inspection services are available from PFA, and that PFA supports the Weisbro System for sprinkler installation.

At this time the hearing was closed to the public and Chair Bender noted that discussions regarding sprinklers drew opposition, but it was decided that the servicing fire authority would have final say. Commissioner Rennels concurred and stated that the regulations also consider future buyers of the residence. Commissioner Gibson stated that he has a problem with government telling a property owner their responsibility, but that he had agreed to go along with a recommendation from the servicing fire department.

MOTION

Commissioner Gibson moved that the Board of County Commissioners deny the appeal to Section 8.1.4 and the request to be exempt. Commissioner Gibson moved that the Board of County Commissioners approve the Homestead Valley Subdivision Preliminary Plat as presented and outlined above.

Motion carried 3 - 0.

11. DUKE ZONING VIOLATION: 6500 S. COLLEGE AVENUE

This is an alleged violation of the Land Use Code Section 4.1.18: Outside storage is not a permitted use in the C-Commercial zoning district and Section 4.1.18: A junkyard is not a permitted use in the C-Commercial zoning district. Staff findings include 1. The property is zoned C-Commercial; 2. Outside storage is not a permitted use in the C-Commercial zoning district; 3. A junkyard is not a permitted use in the C-Commercial zoning district; 4. The property owner has made no contact to staff; 5. The property is being used for outside storage of junk vehicles/auto parts; 6. The continued use of the property, in violation of the Land Use Code, will affect property values in the area. Staff recommendation is to find that a violation exists; require compliance within 60 days, and authorize legal action if the deadline is not met. Compliance would require that all outdoor storage of junk vehicles/auto parts be removed.

Ms. DeLude briefed the Board on the alleged violation. Mr. Carl Duke, the property owner, requested the item be tabled for 30-days and gave his word that the situation would be rectified within that timeframe. Commissioner Rennels asked if 30-days would be sufficient given the time of year and Mr. Duke replied in the affirmative.

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

MOTION

Commissioner Rennels moved that the Board of County Commissioners find a violation exists; require compliance within 45-days; and authorize legal action if the deadline is not met. Compliance would require that all outdoor storage of junk vehicles/ auto parts be removed.

Commissioner Gibson suggested that the motion require compliance within 60-days due to potential weather and Commissioner Rennels agreed. The motion was modified to reflect 60-days

Motion carried 3 - 0.

12. LESHER ZONING VIOLATION: 10001 & 10002 HUMMINGBIRD LANE LOVELAND

This is an alleged violation of the Land Use Code Section 4.1.15: Outside storage is not a permitted use in the A-Accommodations zoning district and Section 4.1.15: A junkyard is not a permitted use in the A-Accommodations zoning district. Staff findings include 1. The property is zoned A-Accommodations; 2. Outside storage is not a permitted use in the A-Accommodations zoning district; 3. A junkyard is not a permitted use in the A-Accommodations zoning district; 4. The property owner has made no contact to staff; 5. The property is being used for outside storage of junk vehicles/auto parts; 6. The continued use of the property, in violation of the Land Use Code, will affect property values in the area. Staff recommendation is to find that a violation exists; require compliance within 30 days and authorize legal action if the deadline is not met. Compliance would require that all-outdoor storage of junk vehicles and miscellaneous junk be removed.

Ms. DeLude requested the record reflect the Mr. Jack Cross is also a property owner in this violation and stated that a recommendation from the Building Code Enforcement Department is now available for the Board's consideration. Ms. DeLude requested the following Building Code Enforcement recommendation be added to the other staff recommendations 1. Building permits are required for all structures on parcel #0503405115 or the south side of Hummingbird Land.

Chair Bender noted that the property owner is not present for this item.

Mr. and Ms. Terry Border, adjacent property owners, submitted pictures taken last week and noted that they have tried to have something done about these parcels for the past two-years and requested the Board seek legal action. Mr. Borden stated that Sylvan Dale Ranch is across the street and the area is very pristine. Ms. Border stated that they, as well as any visiting company, must look at these parcels both coming and going from their home. Mr. Border also noted that rats have been seen recently.

Ms. Angie Harsanyi, adjacent property owner of 10-years also provided recent pictures and stated that she recently had a renter move out after only 2-months due to the trash, stench, vehicle repairs occurring day and night and lights. The Sheriff's Office has suggested that area residents not contact the property owners, as the status of the individual(s) is questionable.

Ms. Susan Jessup and Mr. Mike Duncan, Sylvan Dale Ranch representatives, stated that they agree with the previous statements and noted that the parcels are a fire danger to all area properties and impacts the entrance to the Ranch. Mr. Duncan stated that currently they are trapping and relocating skunks on a daily basis.

At this time the hearing was closed to public comment.

MOTION

Commissioner Gibson moved that the Board of County Commissioners find that a violation exists; require compliance within 30-days and authorize legal action if the deadline is not met. Compliance would require that all-outdoor storage of junk vehicles and miscellaneous junk be removed. Also that building permits must be applied for all structures on parcel 0503405115 or the south side of Hummingbird Land.

Motion carried 3 - 0.

Commissioner Rennels requested the Health Department inspect the site.

13. COPELAND/REDDEKOPP ZONING VIOLATION: 8725 W. COUNTY ROAD 38E

This is an alleged violation of the Land Use Code Section 18.2 (D)(3): Manufactured homes may be used to provide temporary housing for up to 18 months during construction of a principal building. The building permit to place the manufactured home must be issued at the same time as the building permit for the principal building. Staff findings include 1. The property is zoned O-Open; 2. A temporary dwelling is only permitted during construction; 3. There is no current building permit issued for construction of a permanent dwelling; 4. The continued use of the property, in violation of the Land Use Code, will affect property values in the area. Staff recommendation is to find that a violation exists and require compliance within 120- days. Compliance would require that 1. A building permit be issued for the permanent dwelling, OR 2. The temporary dwelling is removed, OR 3. A building permit is issued to make the temporary dwelling permanent and in compliance with Section 18.2.1 of the Land Use Code.

Ms. DeLude stated that staff has met with the property owner since the staff report was written and the owner is requesting an appeal to the fees associated with the permit since the previous owner has already paid them. Ms. DeLude stated that the appeal request has been received but there has not been sufficient time for Mr. Garton to research the request.

Ms. Randa Copeland, the property owner, stated that she has just returned after being absent for the past three-years due to family health problems and the death of her son. Ms. Copeland stated that the property has been cleaned up and that she is back to get on with her life and build her home.

Chair Bender noted there is no public present for this item.

MOTION

Commissioner Rennels moved that the Board of County Commissioners find a violation exists and require compliance within 120-days. Compliance would require the following 1. A building permit be issued for the permanent dwelling; OR 2. The temporary dwelling be removed; OR 3. A building permit be issued to make the temporary dwelling permanent and in compliance with Section 18.2.1 of the Land Use Code.

Motion carried 3 - 0.

There being no further business, the hearing adjourned at 5:05 p.m.

TUESDAY, NOVEMBER 4, 2003

ADMINISTRATIVE MATTERS

(#196)

The Board of County Commissioners met with Frank Lancaster, County Manager; Chair Bender presided and Commissioners Gibson and Rennels were present. Also present were Al Kadera and Claudia DeLude, Planning Department; Donna Hart and Deni La Rue, Commissioner's Office; Jeannine Haag, Assistant County Attorney; and Jean M. O'Connor, Clerk to the Board.

1. PUBLIC COMMENT: Mr. Matt Wood, Ms. Chris Andrus, and Ms. Karen Larue addressed the Board with concerns regarding the size of the boat storage building proposed at the Inlet Bay Marina at Horsetooth Reservoir.

2. APPROVAL OF THE MINUTES FOR THE WEEK OF OCTOBER 27, 2003: Chair Bender asked Commissioner Gibson if he intended to ask for clarification within the Parks Master Plan last week or another Parks Department plan; Commissioner Gibson stated that his question was directed at the Parks Master Plan.

MOTION

Commissioner Gibson moved that the Board of County Commissioners approve the minutes for the week of October 27, 2003 as presented.

Motion carried 3 - 0.

3. REVIEW OF THE SCHEDULES FOR THE WEEKS OF NOVEMBER 10 AND 17, 2003: Ms. Hart reviewed the schedules 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:

11042003A001 DEVELOPMENT AGREEMENT BETWEEN THE BOARD OF COUNTY COMMISSIONERS AND MICHAEL I. AND BETTY L. JANSMA FOR THE LEVI ACRES SECOND SUBDIVISION

11042003A002 DEVELOPMENT AGREEMENT BETWEEN THE BOARD OF COUNTY COMMISSIONERS AND SHARON R. HAYES FOR THE HAYES CONSERVATION DEVELOPMENT

11042003D001 CONVEYANCE OF PERMANENT SLOPE EASEMENT TO LARIMER COUNTY BY BADER ENTERPRISES, LLLP

11042003R001 RESOLUTION FOR RECOGNITION OF DAVE SPENCER

MISCELLANEOUS: Amended Plat for Ballard Place; Public Trustee 3rd Quarter Report; Final Plat of Hayes Conservation Development; Final Plat of Levi Acres 2nd Subdivision.

LIQUOR LICENSES: The following licenses were both approved and issued: Rocky Mountain Gateway- 3.2%- Estes Park, CO; Rocky Mountain Gateway- Hotel & Restaurant- Estes Park, CO; Sun Deck Restaurant- Hotel and Restaurant- Estes Park, CO; Mexican Inn- Hotel and Restaurant- Loveland, CO; Red Feather Liquors- Retail- Red Feather Lakes, CO; and Windjammer Liquors- Retail- Loveland, CO.

Motion carried 3 - 0.

5. WORK SESSION: Mr. Lancaster stated that the proposed 2004 budget is currently available for review and suggested the Board schedule a work session after public input has been received; the Board concurred.

Mr. Lancaster provided the Board with an update regarding the sound system in the conference room.

Mr. Lancaster noted that the Local Calling Area application is ready to be submitted and that the City of Loveland has requested a letter of support from the Board. Mr. Lancaster stated that he could draft a letter and the Board could approve and authorize the Chair to sign upon receipt.

MOTION

Commissioner Gibson moved that the Board of County Commissioners provide a letter of support for the Local Calling Area application and authorize the Chair to sign upon receipt.

Motion carried 3 - 0.

Mr. Lancaster stated the Board will receive a briefing regarding "Progressive 15" on November 18, 2003.

Mr. Lancaster asked the Board to provide agenda topics for the upcoming quarterly meeting with the City of Fort Collins.

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

  1. LEGAL MATTERS

EXECUTIVE SESSION (#197)

MOTION

Commissioner Gibson moved that the Board of County Commissioners go into executive session at 10:15 a.m. and cited 24-6-402 (4)(b) C.R.S.

Motion carried 3 - 0.

Executive session ended at 10:45 a.m.; no action was taken.

There being no further business, the meeting adjourned at 10:45 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