MINUTES OF THE BOARD OF COUNTY COMMISSIONERS

Monday, November 17, 2003

LAND USE HEARING

(#199)

(Entire Hearing Not On Audio)

The Board of County Commissioners met at 3:00 p.m. with Rob Helmick, Senior Planner; Chair Bender presided and Commissioners Gibson and Rennels were present. Also present were Russ Legg, Candice Phippen, Al Kadera, Sean Wheeler, and Claudia DeLude, Planning Department; Dave Shirk, Estes Park Planning; Jeannine Haag, Assistant County Attorney; Doug Ryan, Health Department; Christie Coleman and Roxann Hayes, Engineering Department; and Dawn Stroh, Recording Clerk.

Chair Bender stated that staff is requesting Item #1 Estes Park Board of Adjustment By-laws be tabled to December 15, 2003 at 3:00 p.m.

MOTION

Commissioner Rennels moved that the Board of County Commissioners table the Estes Park Board of Adjustment By-laws to December 15, 2003 at 3:00 p.m.

Motion carried 3-0.

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

  1. FAGERBERG PRELIMINARY RURAL LAND PLAN: 13-08-68; GENERALLY LOCATED 3 MILES SOUTH OF THE TOWN OF WELLINGTON AND TWO MILES EAST OF INTERSTATE 25 AT THE NORTHEAST CORNER OF COUNTY ROADS 3 AND 56

This is a request to divide 70 acres into acres in the following manner: four (4) single-family dwellings on about 22 acres with the remaining 48 acres being protected from further development. The division will consist of one (1) single-family lot that will include a new dwelling and the CARE research facility; two (2) single-family lots that will include one new dwelling each; one (1) Residual Lot that will have a building envelope for the existing single-family dwelling and outbuildings; and two (2) Residual Lots that will only be allowed agricultural support buildings. The three (3) Residual Lots will be protected from any further development in perpetuity by either a covenant or a conservation easement. Staff finding is 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 Fagerberg 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 perpetual preservation of open space; 3. Careful location of residences; 4. Applicant's plan to retain current animal research use of existing CARE facility. This is an appropriate agricultural use which compliments CSU's Agriculture Research Development and Education Center (ARDEC), located 1 1/2 miles northwest; 5. 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 (2 density bonus units) are allowed under the Rural Land Use Process.

As proposed, this project will also provide commensurate long-term benefits to citizens of Larimer County. Those benefits are summarized below 1. Perpetual 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 and 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. The access road that serves Lots 2 and 2 is required to be 20' wide and because it is longer than 150' in length, it is required to have a turnaround with a 50' outside turning radius. This turnaround shall be approved by the Poudre Fire Authority prior to final approval. Dedicated right-of-way shall be given on the County Roads as requested by Engineering Department (County Roads 3 and 56-50 foot half right-of-way.) All access points to Larimer County Roads 3 and 56 shall be approved by Larimer County Engineering Department prior to 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 15' utility easement along and adjacent to County Roads 3 and 56 and an easement on both sides of any existing overhead electric line of 10 foot and a 10 foot utility easement that serves any new lots; 3. Since public water shall be 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; 4. The Special Review that was approved by the Board of County Commissioners on February 27, 1980 and again on November 22, 1983 approving a private agricultural research facility, Colorado Animal Research Enterprises (CARE), will remain in effect; 5. 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 Fagerberg 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; 6. A setback of 150 feet from the west edge of the Windsor irrigation ditch for Lots 2 and 3 shall be provided by placing building envelopes on each lot that creates the 150 foot setback; 7. 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; 8. The final development agreement must be reviewed and approved by the County Attorney prior to final plat approval; 9. 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; 10. Automatic fire protection sprinklers will be required for all new residential structures or written permission for variance from this requirement from the fire district; 11. 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) Automatic fire protection sprinklers will be required for all new residential structures or written permission for variance from this requirement from the fire district; 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 include building envelopes. All structures must be located within these Larimer County approved building envelopes, 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.

2. FEIT SUBDIVISION PRELIMINARY PLAT: SW 1/4 01-07-68: AT THE NORTHEAST INTERSECTION OF CR #3 AND CR #48, NORTHWEST OF FORT COLLINS

This is a request for a Preliminary Plat for a Subdivision to divide 6 acres into 2 lots for single-family residential use. Staff recommendation is approval subject to the following conditions 1. The Final Plat of the Feit Subdivision shall be consistent with the information contained in the file, #03-S2148 or as modified by conditions of approval; 2. The following fees shall be collected at the time of building permit for new single-family dwellings: the Poudre School District fees in lieu of dedication, the Larimer County Capital Transportation Expansion fee and the Larimer County Park Fee in lieu of dedication. The fee amount that is current at the time building permit application shall apply. Before construction, the applicant must also contact the County Engineering Department and obtain a Development Construction Permit; 3. The applicant shall sign a Final Development Agreement, to be prepared by Staff and approved by the County Attorney, which details in standard language the conditions of approval and other important information related to the Subdivision; 4. The applicant shall sign a Final 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 must include, but is not limited to; all issues related to rural development; the requirement for engineered footings and foundations and the requirement for passive radon mitigation. Other items raised in the review, or related to compliance with the Larimer County Land Use Code, may also be included; 5. The Final Plat will show a 50-foot dedicated right-of-way along the entire length of the site adjoining County Road 48 and 30-feet of dedicated right-of-way along County Road #3. The ROW dedication will include the provision for a 15-foot utility easement; 6. The applicant shall provide the updated Drainage and Grading Plans as noted by the County Engineering Department in their Staff Report dated June 25, 2003.

3. NO-TE-MAH RIDGE CONSERVATION DEVELOPMENT PRELIMINARY PLAT: E1/2 33-04-69; OFF THE WEST END OF GAUCHO STREET & RANCHERO ROAD IN THE HORSESHOE PARK SUBDIVISION, WEST OF HIGHWAY 287 AND APPROX. 7 MILES SOUTHWEST OF BERTHOUD

This is a request for a Preliminary Plat for a Conservation Development to divide 35 acres + into a 2 new residential lots, and one residual lot with an existing residential use. Staff recommendation is approval subject to the following conditions 1. The Final Plat of the No-Te-Mah Ridge Conservation Development shall be consistent with the information contained in the file, #00-S1998 or as modified by conditions of approval; 2. The following fees shall be collected at building permit for new single family dwellings: Thompson R2-J school fees in lieu of dedication, Larimer County fees for County and Regional Transportation, and Larimer County Park Fee in lieu of dedication. The fee amount that is current at the time building permit application shall apply; 3. All lots shall require engineered septic systems. The Disclosure Notice should reference this requirement and should note that these systems tend to be more expensive then conventional systems; 4. The applicant shall sign a Final Development Agreement and Disclosure Notice for approval by the County as a part of the Final Plat, and to be recorded with the Final Plat. This notice shall provide notice to all future lot owners of the conditions of approval and special costs or fees associated with the approval of this project. The notice shall include, but is not limited to; the issues related to rural development, the need for engineered footings and foundations, the need for passive radon mitigation, and the issues raised in the review and or related to compliance with the Larimer County Land Use Code; 5. The applicant shall provide a signed agreement with the Ish Ditch Company that outlines the rights and responsibilities of both the Ditch Company and the Conservation Development lot owners. The Disclosure Notice and the Covenants shall also make note of this agreement; 6. The Covenants for the Conservation Development must include the requirements of the State Division of Wildlife with regard to restrictions on dogs to residential lots and other items noted in their comments dated August 28, 2002; 7. Engineered footers and foundations, and radon testing is required for the new residential lots; 8. The applicant must comply with the requirements of the Berthoud Fire Protection District; 9. The final plat application shall address item #4 under Transportation/Access Issues as identified in the memo from Roxann Hayes dated June 11, 2003

MOTION

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

Motion carried 3-0.

  1. KHANZADA ZONING VIOLATION: 1120 LA EDA LANE, FORT COLLINS

This is an alleged violation of Land Use Code Section 4.1.2 A: Commercial business is not a permitted use in the FA1-Farming zoning district and Section 4.3.10(B): Home Occupation Regulations: the existing business exceeds that which is permitted as a home occupation. Staff findings are 1. The property is zoned FA1-Farming; 2. The FA1-Farming zoning district does not permit a commercial business; 3. The use exceeds the home occupation regulations because it is conducted from a detached structure and changes the residential character of the neighborhood; 4. The use is not eligible for Minor Special Review because it changes the character of the neighborhood; 5. The use is not eligible for a Special Exception because it is in the GMA; 6. The continued use of the property, in violation of zoning regulations, has affected the neighbors' ability to enjoy their own properties; 7. The continued use of the property, in violation of the zoning regulations, will affect property values in the area. Staff recommendation is to 1. Find that a violation exists; 2. Require compliance within 90 days. Compliance would require that the commercial activity cease; and 3. Authorize legal action if the deadline is not met.

Ms. DeLude stated there has been various complaints of a commercial excavating business at the Khanzada property. Ms. DeLude continued that a letter of explanation was sent to the owner, in which the owner stated that their business is food delivery.

Mr. D. A. Khanzada, property owner, stated their understanding when they purchased the property, a commercial business was permitted. Mr. Khanzada continued that his business makes two deliveries during the week starting on Sunday at noon till early Monday mornings. Mr. Khanzada continued that the commercial buildings were already established on the property and improvements have been made since they became owners. Mr. Khanzada would request more time to possibly sell the property in the spring and try to relocate the business, or wait for the new rezoning of the property. Mr. Kadera clarified the suggestion of rezoning in that area and stated the City of Fort Collins has been working on an annexing enclave from Shields to Trilby, which has no time table and would not effect the area in question. Commissioner Rennels stated that in Ms. DeLude's report she alutted that the delivery times had been altered since starting the business. Mr. Khanzada stated that nothing has changed and they would be willing to provide schedules and times when the deliveries are made. Chair Bender asked for clarification when a property is sold whether commercial status is transferred with that property or does a new application need to be filed by the new owners. Mr. Kadera stated at the time an agreement was made with the Commissioners and Mr. Boil to allow only three trucks on his property since this area is in the FA1-Farming district. Mr. Kadera continued that violations were sited at the Boil's property for commercial use and the last contact the owners stated that the business was being relocated. Mr. Kadera stated that this is an FA1-Farming district, which no commercial use is allowed.

Mr. Bob Collins, resident, stated that the noise from the Khanzada's business is changing the character and the value of the properties. Mr. Collins continued that the residents are going through the same problems with the Khanzada's as they did when the Boil's lived on the same property.

Chair Bender stated that he understands free enterprise and how the Khanzada's may have been miss lead about the rules that are put in place of a property and as of now the property doesn't meet the home occupation requirements. Chair Bender continued that a violation does exist and would extend time for the Khanzada's to make their corrections or move the business. Commissioner Rennels stated that the area has been cleaned up, but is concerned about the multiple number of trucks shown in the photos. Commissioner Rennels continued that she is in support of Ms. DeLude's recommendation, but would extend the compliance to 190 days so the property owners are able to sell the property in the spring. Commissioner Gibson concurs, but has a concern that some properties in the LaPorte area are grandfathered in as commercial and wondered if when the property is sold, does the commercial use apply to the new owners. Mr. Kadera stated that if you have a use and a legally established non-conforming business, then the commercial use would still apply to the new owners. Mr. Kadera continued that if the property is used in an illegal non-conforming use, the same would not apply, such as in this case where there never was a legal conforming use to the property.

MOTION

Commissioner Gibson moved that the Board of County Commissioners find that a violation exists and require compliance within 180 days. Compliance would require that business use cease and legal action is authorized if the deadline is not met.

Motion carried 3-0.

6. ANDERSON ZONING VIOLATION: 5708 S. TIMBERLINE

This is an alleged violation of Land Use Code Section 4.1.2: Outside storage is not a permitted use in the FA1-Farming zoning district. Junkyards are not a permitted use in the FA1-Farming zoning district and Definition Junkyard: "A facility for the display, storage, collection, processing, purchase, sale, salvage or disposal of used or scrap materials, equipment, junk vehicles, appliances or other personal property whether of value or valueless..." Staff findings are 1. The property is zoned FA-1 Farming; 2. The property owner runs a construction company; 3. There is outdoor storage of construction materials; 4. The FA-1 Farming zoning district does not permit outdoor storage; 5. The continued use of the property, in violation of the zoning regulations, will affect property values in the area; 6. The continued use of the property, in violation of the zoning regulations, has affected the neighbor's ability to enjoy their property. Staff recommendation is to 1. Find that a violation exists; 2. Require compliance within 30 days. Compliance would require that all outdoor storage is removed from this parcel; 3. All building code issues must be resolved with Building Code Enforcement within 30 days; 4. Authorize legal action if these deadlines are not met.

Ms. DeLude stated that there has been numerous complaints regarding excessive outdoor storage on this residential parcel. Ms. DeLude continued that letters have been sent to Mr. James Anderson concerning the violation, which he then moved some materials to the business location and stated the remaining material is for his home. Ms. DeLude stated that the Anderson's property has created a commercial and industrial feel in the neighborhood, and residents are concerned about their property values. Chair Bender stated that a violation does exist and the recommendation of the staff should be followed.

MOTION

Commissioner Rennels moved that the Board of County Commissioners find that a violation exists and require compliance within 30 days. Compliance would require that all outdoor storage be removed from this parcel. All building code issues must be resolved with Building Code Enforcement within 30 days and authorize legal action if these deadlines are not met.

Motion carried 3-0.

7. JOHNSTON BUILDING & ZONING VIOLATION: 3269 BAILEY COURT, LOVELAND

This is an alleged violation of Land Use Code Section 4.2.2.D: Floodway district - Agricultural uses, excluding buildings in a floodway and Section 21.1.B: Building permits - It is unlawful to construct buildings without first obtaining a building permit. Staff findings include 1. The property is zoned FA1-Farming; 2. The parcel is located in the D. Johnston MRD and is 32 acres in size; 3. On the plat, the parcel states that there are to be no structures built in the floodway; 4. The structures were built in the floodway; 5. New building permits were applied for, with an accurate site plan, but no inspections have been completed and the permits have expired. Staff recommendation is to 1. Find that a violation exists; 2. Require compliance within 30 days. Compliance requires that all building permits be obtained with inspections completed and approved within 30 days; 3. Authorize legal action if the deadline is not met.

Ms. DeLude stated that Mr. Johnston applied for several building permits, which were denied by Mr. Ed Woodward from Engineering, due to the structures being built in a floodplain. Mr. Johnston did submit a revised plot plan for the building permits showing the structures removed or relocated. Ms. DeLude continued that staff has been unable to reach Mr. Anderson by phone or by certified letter to confirm whether the structures have been moved and to finalize the inspections under the outstanding permits.

MOTION

Commissioner Gibson moved that the Board of County Commissioners find that a violation exists, and compliance requires that all building permits be obtained with inspections completed and approved within 30 days, and authorize legal action if the deadline is not met.

Motion carried 3-0.

8. COYOTE RIDGE SUBDIVISION: 1184 DEVILS GULCH ROAD

This is a request for a Boundary Line Adjustment to realign four existing parcels, and a Preliminary Plat for an open space subdivision. The staff findings include; 1. This is a request by Myers Estes Park LLC (Carol Bissell) for a Boundary Line Adjustment to realign four existing parcels, a Preliminary and Final Subdivision, and a Preliminary Plat for a potential open space subdivision; 2. The site is located at 1184 Devils Gulch Road, within unincorporated Estes Park; 3. Approval of this proposal would result in the recording of a plat containing four single-family lots, and a preliminary plat for five lots in an open space development configuration. This preliminary plat would be valid for one year from approval of the Board of County Commissioners; 4. The proposed subdivision would preclude development from several areas deemed important in terms of the Estes Valley Development Code, including wetlands, a stream corridor, steep slopes, and a ridgeline; 5. This proposal is consistent with community wide policies set forth in the Estes Valley Plan, including Land Use and Scenic and Environmental Quality; 6. The applicant is requesting variances to maximum cul-de-sac length, paving, and sanitary sewer requirements; 7. As provided for in Section 11.3.C " Maximum Permitted Density Bonus", the applicant is requesting the Board of County Commissioners grant a density bonus of 20% of the base density set forth in Chapter 4; 8. A portion of this site is within an identified ridgeline protection area; 9. The proposed subdivision contains 41 acres of deed restricted open space lots, and complies with applicable open space requirements; 10. A driveway maintenance agreement should be recorded with the final plat; 11. The open space subdivision would receive access from Eagle Rock Drive, which was platted with the subdivision of Eagle Rock Ranches in 1971, and dedicated " for public use, all shown roads and easements."; 12. This request has been submitted to all applicable reviewing agency staff for consideration and comment; 13. A small portion of Coyote Ridge is within a mapped wildfire hazard area. This area is to be placed in a non-buildable outlot. The Larimer County Wildfire Safety Specialist has recommended a forest management plan for the entire subdivision be created by a professional forester. This plan should be created in cooperation with the Wildfire Safety Specialist; 14. The North End Property Owners Association has submitted a letter in opposition to this proposal. In addition to the formal protest by the NEPOA, several nearby residents have phoned (one anonymously) or met with Staff in the office. The staff recommends approval of the requested Boundary Line Adjustment with the following conditions: 1. Compliance with applicable standards of the Estes Valley Development Code; 2. A driveway maintenance agreement shall be recorded with the final plat. Staff recommendation is approval of the proposed Coyote Ridge Preliminary Plat with the following conditions 1. Compliance with applicable standards of the Estes Valley Development Code; 2. A professional forester shall, in cooperation with the Wildfire Safety Specialist, create a forest management plan for the entire subdivision; 3. A driveway maintenance agreement shall be recorded with the final plat. Certain roads for access to this subdivision will be improved to Larimer County Road Manual Appendix G Standards; the Engineering staff and applicant shall agree on exactly which of the roads need to be improved to Appendix G standards prior to final plat approval; 4. Access easements shall be labeled as private; 5. Compliance with Town Attorney White's memo dated July 28, 2003; 6. Compliance with Public Works memo dated July 22, 2003; 7. The future east lot cluster shall be required to join any existing or future road maintenance association or improvement district (except that improvement districts that by law may only be creadted or funded through an electural process) that may be formed within the Eagle Rock Ranches, at a proportional rate; 8. Fencing around the parimeter of the lots shall be prohibited with the exception that fencing along lots 1 & 2 and the open space lot adjacent to Devil's Gultch Road shall be allowed; 9. Only native landscaping shall be allowed; 10. All garbage containers shall be bear proof; 11. The Estes Park Volunteer Fire Department has requested an intermediate pullout area along Eagle Rock Drive. The location shall be determined with final platting of the proposed open space subdivision; 12. The applicant has submitted ISO fire flow calculations that indicate the need for one fire hydrant placed along the curve of the proposed extension of Eagle Rock Drive. This shall be installed before the issuance of building permits for the proposed open space development; 13. A disclosure notice including the requirements for this development shall be recorded with the final plat; 14. An improvement guarantee shall be submitted for recording with the final plat. This shall include provision of adequate public facilities.

Mr. Shirk briefed the Board and requested the Board of the County Commissioners vote separate on the Appendix D-street paving standards; Appendix D cul-de-sac length standards; and section 7-12-D, requiring centralized sanitation sewer. Commissioner Rennels asked if the entire parcel was done as a straight subdivision, how many acres would you have? Mr. Shirk stated there would be 76 acres and one lot, you would have seven parcels for subdivision. Commissioner Rennels asked Mr. Legg to explain why the bonus would have to come before the Board of County Commissioners. Mr. Legg stated that the Town and County have an agreement to appoint three people to the Estes Valley Planning Commission. When the appointed persons review a project, they would send the project to the respective jurisdictions, which if the project was inside the Town's jurisdiction it would be heard by the Town, if the project is in the County, the Board of County Commissioners would receive the project.

Mr. Bill Van Horn, representative for the Coyote Ridge Boundary Line Adjustment and the Preliminary Plat, stated that Coyote Ridge is a main elk viewing area in the valley, therefore, the request before the Board includes a waiver of paving requirements because it would encourage additional traffic.

Ms. Betty Hall, resident, stated that Eagle Rock Ranches are in the migrating corridors for the elk, and the proposal will cause a visual impact in that area. Ms. Hall would request the Board of County Commissioners deny the density bonus and change the lots to 4 - 3 1/2 acres in the Coyote Ridge. Mr. Shirk stated that to put the lots at 3 1/2, the Myers would lose one lot, and then they would be encroaching on the 70% open space, which is a deed-restricted area.

Mr. Don Woodrick, Mr. Jerry Wuerker and Mr. Jack Overly all concurred with Ms. Hall and expressed concerns regarding the clustering and how that would affect the north end image of that area.

Mr. John Depoy, President of the Beaver View Homeowners Association, also stated that the homeowners are in total opposition of the clustering and would ask the Board of County Commissioners to reduce the lot size and deny the density.

Chair Bender stated that he believes clustering would help in the habitat and migration and that the building envelopes would provide open feel to the area. Chair Bender stated that there seems to be no drive to pave the road, and sees no reason why the Appendix G couldn't be applied. Commissioner Rennels supports the Boundary Line Adjustments and the Preliminary Plat but expressed concerns regarding the Level G Standards and fencing

MOTION

Commissioner Gibson moved that the Board of County Commissioners approve the Boundary Line Adjustment as presented with conditions outlined above.

Motion carried 3-0.

Commissioner Rennels requested Ms. Haag to verify the wording concerning the conditions #7 and #8 of the Coyote Ridge Preliminary Plat. Ms. Haag stated #7 should include the phase, " except thatimprovement districts that by law may only be voted in by law and may only be created or funded through an electural process". Ms. Haag continued that #8 "...with the exception that fencing along lots 1 & 2 and the open space adjacent to Devils Gulch Road shall be allowed.

Much discussion ensued regarding the Appendix G and which level should apply to the area.

MOTION

Commissioner Rennels moved that the Board of County Commissioners approve the density bonus, the staffs conditions for adequate public facilities and utility standards, and the Preliminary Plat with corrections to #7) The future east lot cluster shall be required to join any existing or future road maintenance association or improvement district, except improvement districts that by law may only be created or funded through an electural process; and #8) Fencing around the perimeter of lots shall be prohibited with the exception that fencing along lots 1 & 2 and the open space lot adjacent to Devils Gulch Road.

Motion carried 2 -1, Commissioner Gibson descented.

Commissioner Rennels moved that the Board of County Commissioners approve the cul-de-sac length variance and the paving variance to allow certain roads to be improved to Appendix G standards rather than paved, with the decision as to exactly which roads must be improved to Appendix G to be resolved by the applicant and Engineering staff prior to final plat.

Motion carried 3-0.

There being no further business, the hearing was adjourned at 5:47 p.m.

TUESDAY, NOVEMBER 18, 2003

ADMINISTRATIVE MATTERS

(#201 & 202)

The Board of County Commissioners met with Frank Lancaster, County Manager; Chair Bender presided and Commissioners Gibson and Rennels were present. Also present were Donna Hart, Neil Gluckman and Deni La Rue, Commissioner's Office; Gary Buffington and K-Lynn Cameron, Parks and Open Lands; Matt Lafferty, Planning Department; Rick Dykstra, Director of Progressive 15; Jeannine Haag, Assistant County Attorney; Ralph Jacobs and John Gamlin, Human Resources; Ginny Riley, Director of Human Services; and Jean M. O'Connor, Clerk to the Board.

  1. PUBLIC COMMENT: Mr. Ralph Cole and Ms. Pam Warren addressed the Board with concerns regarding the need for an amended plat on a parcel that has had the same legal description since 1969. Mr. Cole stated that he recently placed a newer mobile home on the parcel for which he obtained a building permit, but when the time came for the issuance of a certificate of occupancy, it was determined his parcel and an adjacent parcel had never legally adjusted the common boundary line. Consensus of the Board is for staff to work with Mr. Cole through the new Amended Plat Administrative Process and report back to the Board.

2. APPROVAL OF THE MINUTES FOR THE WEEK OF NOVEMBER 3, 2003:

MOTION

Commissioner Rennels moved that the Board of County Commissioners approve the minutes for the week of November 3, 2003 as presented.

Motion carried 3 - 0.

3. APPROVAL OF THE MINUTES FOR THE WEEK OF NOVEMBER 10, 2003:

Ms. O'Connor noted that the liquor license hearing held on Wednesday, November 12, 2003 was for a 3.2% license, however Commissioner Gibson's motion was to approve a retail liquor license and requested the motion be corrected.

MOTION

Commissioner Gibson moved that the Board of County Commissioners approve the minutes for the week of November 12, 2003 with the noted correction for a 3.2% Liquor License for South Bay Store.

Motion carried 3 - 0.

4. REVIEW OF THE SCHEDULE FOR THE WEEK OF NOVEMBER 24, 2003: Ms. Hart reviewed the schedule with the Board.

5. CONSENT AGENDA:

Commissioner Rennels asked if everything was in line for the issuance of the Hatrixx and Club Osirus liquor licenses. Ms. O'Connor noted that she is no longer involved with these licenses and did not know.

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 Wells Fargo Equipment Finance C/O Rodger Pangell; Aztec Financial, Inc; Nelson; Ion Edge Corp.

11182004A001 AMENDMENT TO THE DEVELOPMENT AGREEMENT FOR DOUGLAS FARM EXEMPTION BETWEEN THE BOARD OF COUNTY COMMISSIONERS AND KEITH E. AND SHERALYN D. HESS, JOHN AND CONNIE CLAR, AND J. STEPHEN STOLTZ

11182004A002 DEVELOPMENT AGREEMENT BETWEEN THE BOARD OF COUNTY COMMISSIONERS AND NCW, INC. AND PRAIRIE TRAILS HOMEOWNER'S ASSOCIATION FOR THE HAY WAGON PLANNED DEVELOPMENT BEING A REPLAT OF PRAIRIE TRAILS PLANNED UNIT DEVELOPMENT LOT 1 BLOCK 1 TRACT J

11182004A003 DEVELOPMENT AGREEMENT BETWEEN THE BOARD OF COUNTY COMMISSIONERS AND PIONEER SAND COMPANY INC FOR THE INGLESIDE QUARRY AMENDED SPECIAL REVIEW

11182004D001 DEED OF CONSERVATION EASEMENT BY BMMR, LLC IN FAVOR OF THE COUNTY OF LARIMER

11182004R001 RESOLUTION FOR STATUTUORY VESTED RIGHTS FOR HAYES CONSERVATION DEVELOPMENT

11182004R002 RESOLUTION FOR STATUTORY VESTED RIGHTS FOR LEVI ACRES SECOND SUBDIVISION

11182004R003 RESOLUTION DECLARING LARIMER COUNTY WESTRIDGE PUBLIC IMPROVEMENT DISTRICT #24 ORGANIZED

11182004R004 FINDINGS AND RESOLUTION APPROVING AN AMENDED PLAT IN RAMONA HEIGHTS BLOCKS 7 & 8

11182004R005 REZONING FINDINGS AND RESOLUTION CONCERNING THE PETITIONOF RICHARD SIMON

11182004R006 FINDINGS AND RESOLUTION APPROVING AN AMENDED PLAT AND VACATION OF UTILITY EASEMENT IN CRYSTAL LAKES 9TH FILING, LOTS 117 & 118

11182004R007 RESOLUTION REGARDING EXTENSION OF APPROVAL FOR POUDRE PARK ANNEXATION 2ND FILING LOTS 4 - 6 AMENDED PLAT

11182004R008 FINDINGS AND RESOLUTION APPROVING THE VACATION OF EASEMENT IN CRYSTAL LAKES SUBDIVISION 13TH FILING, LOT 83

11182004R009 FINDINGS AND RESOLUTION APPROVING THE SQUIRE 2ND EXTENDED FAMILY DWELLING AND APPEAL

11182004R010 FINDINGS AND RESOLUTION APPROVING AN AMNEDED PLAT AND UTILITY EASEMENT VACATION IN GREEN MOUNTAIN MEADOWS LOT 4

11182004R011 FINDINGS AND RESOLUTION APPROVING THE J-J ESTATES SUBDIVISION

11182004R012 RESOLUTION FOR STATUTORY VESTED RIGHTS FOR HAY WAGON PLANNED DEVELOPMENT

MISCELLANEOUS: Big Valley Homesteads II R.L.U.P. Amended Plat for Lot 8; Owner acknowledgement statement for Conservation Easement on the Blue Mountain Ranch; Community Development Block Grant proposal requesting State funds toward the expansion of the Estes Park Salud Medical Center; Hay Wagon Planned Development Final Plat.

LIQUOR LICENSES: The following licenses were both approved and issued Youngs Liquor Store- Retail- Fort Collins, CO and 7-Eleven Store #32276- 3.2%- Fort Collins, CO. The following licenses were issued Hatrixx- Tavern- Fort Collins, CO and Club Osirus- Tavern- Fort Collins, CO.

Motion carried 3 - 0.

5. PRESENTATION ON PROGRESSIVE 15: Mr. Dykstra briefed the Board on the 15 County regional representation, mission statement and goals of the Progressive 15 organization. Some examples of the northeastern region include transportation, telecommunications, economic development infrastructure, agriculture and affordable healthcare. Commissioner Rennels asked if Board members could attend committee meetings pertaining to their current interests within Larimer County and Mr. Dykstra replied in the affirmative. Commissioner Rennels suggested the Board consider a one-year membership and Chair Bender and Commissioner Gibson concured.

MOTION

Commissioner Rennels moved that the Board of County Commissioners join Progressive 15 for one year and allocate $1,750 from Commissioner's Special Projects fund for said membership.

Motion carried 3 - 0.

6. ADOPTION OF MANAGEMENT PLAN IMPLEMENTATION PROCESS FOR OPEN LANDS, PARKS AND TRAILS: Ms. Cameron noted that the management plan was previously presented to the Board and the Board suggested a six-month trial period. Ms. Cameron explained situations in which the plan was used and its success. Mr. Buffington concured that the plan has worked successfully and requested that the recommendation for adoption by the Open Lands Advisory Board be approved and the Board adopt the plan as presented.

MOTION

Commissioner Gibson moved that the Board of County Commissioners approve and adopt the Management Plan Implementation Process for Open Lands, Parks and Trails.

Motion carried 3 - 0.

7. WORK SESSION: Mr. Lancaster stated that in previous conversations, the Board considered it a good idea to have a complete audit be performed on the Fairgrounds due to the transition from old to new and that the operations are completely different. Mr. Lancaster stated that the current auditor for the County believed it would be a conflict of interest for them to perform the audit. The County's previous auditor, Anderson and Whitney, Mr. Lancaster continued, has agreed to perform the audit at an approximate cost of $1,500 to $2,000 and requested approval.

MOTION

Commissioner Rennels moved that the Board of County Commissioners authorize an audit of the Fairgrounds and allocate necessary funding from the Special Projects Fund.

Motion carried 3 - 0.

Mr. Gluckman stated that term limits for several Fairground Board members are about to expire and requested a waiver of policy for Section 100.1E to extend these members terms by one-year while increasing the number of members by the same number. As the Board is aware, Mr. Gluckman continued, the current Fairground Board members have much history regarding the direction and goals of the new Fairground complex. By increasing the number of Board members, in essence the new members will receive one-year training.

MOTION

Commissioner Gibson moved that the Board of County Commissioners approve a waiver of policy for Section 100.1E and extend the term limits for those members of the Fairground Board whose terms are about to expire and allow for the number of members of that Board to increase by the same number expiring.

Motion carried 3 - 0.

Commissioner Rennels noted that the week after the Board attends CCI, the Georgian delegation from Russia will be in Larimer County. Commissioner Rennels asked Commissioner Gibson to schedule a work session with Dale Miller for Thursday to discuss good road base and asked Chair Bender to schedule a Thursday morning session with the delegation and a representative from Division of Wildlife to discuss tourism hunting.

Commissioner Rennels further noted the Board would be hosting the delegation at the Kenny Rogers concert that evening at The Ranch.

Commissioner Rennels also commented that the Virginia Dale Church would be rebuilt and that the original architechtual plans have been found so it would be build the same.

Chair Bender noted that the final headstone had been placed on unmarked veteran's graves this past Veteran's Day and requested a letter of appreciation to Deb Pierson with Veteran's Services and Grant Hogarth, Jr, proprietor of the Sterling Monument Company for the donation of the headstones. The Board concured.

8. COMMISSIONER REPORTS: The Board noted their attendance at events the previous two weeks.

9. LEGAL MATTERS:

EXECUTIVE SESSION

MOTION

Commissioner Gibson moved that the Board of County Commissioners go into executive session at 10:45 a.m. and cited 24-6-402 (4)(b) and 24-6-402 (4)(f).

Motion carried 3 - 0.

Executive session ended at 11:15 a.m.; the following action was taken.

MOTION

Commissioner Rennels moved that the Board of County Commissioners approve a waiver of the Larimer County Personnel Policy Section 703.f., which states that the determination of departmental needs and/or utilization of resources is not grounds for a grievance in a layoff. Said waiver is to be applied directly to Ms. Doreen Scott.

Motion carried 3 - 0.

There being no further business, the meeting adjourned at 11:20 a.m.

WEDNESDAY, NOVEMBER 19, 2003

PETITION FOR ABATEMENT HEARING

(#203)

MICHAEL PALOMBO

2050 INTERNATIONAL BLVD #124

The Board of County Commissioners met with Brooke Walser, Assessors Office; Chair Bender presided and Commissioner Gibson was present. Also present were Kendal Harper, Paula Belew, and Darren Dahlgren, Assessors Office and Jean M. O'Connor, Clerk to the Board.

Mr. Palombo requested a continuance of this hearing since he works out of town and needs additional time to gather and prepare factual information for the Board's consideration. Mr. Palombo stated that he purchased his manufactured home as a repossession and that mobile home brokers today value the home at $33,000. Mr. Palombo stated that a motor vehicle employee told him that he only needed to pay ownership tax and that he had not received any tax notification notice since he purchased the home in 2001.

Chair Bender asked if Mr. Palombo has paid taxes since ownership and Mr. Palombo stated that he had not. Mr. Palombo stated that he does not mind paying the taxes but since he only received notice for taxes past due in August of this year, he believes that he should be granted the same amount of time to pay the taxes as every other citizen who received tax notices in the mail.

Ms. Harper stated that there was an error in entering the title work, which she has corrected. However, due to the error, tax notices were being sent to the previous owner, which resulted in the post office returning the notices to the sender.

Much discussion ensued regarding assessment methods used and time to pay the taxes.

Chair Bender stated that he believes the assessor has presented sufficient evidence for the valuation and has heard no compelling statements to approve the abatement. Commissioner Gibson agreed and stated that the timeframe for paying taxes is determined in the office of the Treasurer.

MOTION

Commissioner Gibson moved that the Board of County Commissioners accept the recommendation of the County Assessor and deny the petition for abatement for parcel #87071-37-001 for the year 2002.

Motion carried 2 - 0.

PETITION FOR ABATEMENT HEARING

(#203)

LODGEPOLE ENTERPRISES, INC.

PARCEL #89222-05-016

Mr. Lee Tucker stated that he has protested all the way through because the value includes the water tap and all utility connections at a cost of $45,000. Mr. Tucker stated the lot is vacant and only has utilities.

Mr. Dahlgren stated that Mr. Tucker is protesting two lots and both lots value was on based on the price of other lots sold within the subdivision, which sold for between $62,000 - $115,000 or a median price of $65,700. Commissioner Gibson noted that he thought recent legislation requires a value be placed on a parcel by 2006 for what it would actually sell for; Mr. Hahlgren was not aware of that legislation.

Chair Bender stated that during discussions just heard, the assessed value is lower than what the parcel sold for and asked why Mr. Tucker was complaining. Mr. Tucker asked why tax land at the value of the sale price if the land is not sold yet and Commissioner Gibson stated the reason is because assessment is based on the value of the land.

MOTION

Commissioner Gibson moved that the Board of County Commissioners accept the recommendation of the County Assessor and deny the petition for abatement for parcel #89222-05-016.

Motion carried 2 - 0.

PETITION FOR ABATEMENT HEARING

(#203)

LODGEPOLE ENTERPRISES, INC.

PARCEL #89222-05-015

Mr. Tucker requested an explaination of the statement contained within his August Board of Equalization packet. Mr. Dahlgren stated that property is assessed as of the condition it is in on January 1st of the assessment year, and that the assessed value for this parcel did not include the house. Mr. Dahlgren stated that the house would be included in the assessment for 2003.

MOTION

Commissioner Gibson moved that the Board of County Commissioners accept the recommendation of the County Assessor and deny the petition for abatement for parcel #89222-05-015.

Motion carried 2 - 0.

There being no further discussion, the hearings adjourned at 11:00 a.m.

WEDNESDAY, NOVEMBER 19, 2003

ESTES PARK TRANSFER STATION

RATE INCREASE HEARING

(#200)

The Board of County Commissioners met with Neil Gluckman, Assist County Manager; Chair Bender presided and Commissioner Gibson was present. Also present were Bob Keister, Commissioner's Office; Steve Gillette, Natural Resources; Rich Guest, Human Resources; Rick Hurt, Waste Management; and Jean M. O'Connor, Clerk to the Board.

Mr. Gillette distributed a memorandum to the Board regarding the proposed rate increase and noted that it was the County's intent for the transfer station to be a "break-even" operation by the end of the current contract, which is January 31, 2004. Mr. Gillette stated that the proposed increase of 2.12% would assist with this goal. Mr. Gillette also noted that the State increased their surcharge fee in July of this year; however, staff chose not to raise rates twice this year.

Commissioner Gibson stated that he had received calls with concerns regarding a 20% increase in rates, and clarified that the only fee that increased 20% is for automobile tires.

Mr. Hurt complimented the Board regarding their previous commitment to increase rates in small amounts as opposed to large increase everother year or so.

MOTION

Commissioner Gibson moved that the Board of County Commissioners approve the Estes Park Transfer Station Rate Increase as proposed.

Motion carried 2 - 0.

There being no further business, the hearing adjourned at 7:10 p.m.

THURSDAY, NOVEMBER 20, 2003

WORK SESSION WITH OPEN LANDS

The Board of County Commmissioners met with K-Lynn Cameron, Open Lands Manager; Chair Bender was present and Commissioners Gibson and Rennels were present. Also present were Gary Buffington and Meegan Flenniken, Open Lands and Jean M. O'Connor, Clerk to the Board.

EXECUTIVE SESSION (#204)

MOTION

Commissioner Gibson moved that the Board of County Commissioners go into executive session at 11:05 and cited 24-60402 (4)(e).

Motion carried 3 - 0.

Executive Session ended at 11:35 a.m.; no action was taken.

LARIMER COUNTY LARIMER COUNTY

PEST CONTROL DISTRICT EXTENSION &

LANDFILL RATE INCREASE HEARING

(#200)

The Board of County Commissioners met with Steve Gillette, Natural Resources; Chair Pro Tem Rennels presided and Commissioner Gibson was present. Also present were Mike Carroll and Linda Case, Natural Resources and Jean M. O'Connor, Clerk to the Board.

Mr Gillette requested the Board re-authorize the Larimer County Pest Control District. Mr. Carroll explained that the District must be re-authorized every five-years and requested approval.

MOTION

Commissioner Gibson moved that the Board of County Commissioners re-authorize the Larimer County Pest Control District by extending its termination date to December 31, 2008.

Motion carried 2 - 0.

Mr. Gillette submitted the proposed fee increases for the Landfill, and the Transfer Stations at Red Feather Lakes, Wellington and Berthoud and that a new fee called "E-Scrap" has been included for the Household Hazardous Waste Center. The E-Scrape fee, Mr. Gillette continued, has been added in order to start a program for television disposal prior to the HDTV era.

Mr. Gillette also noted that credit cards will soon be accepted and will cost the County between 3 - 5%; this cost has been added to the proposed fee increase. A new D8 will also be bought in 2004, Mr. Gillette added.

Mr. Gillette also stated that the current Red Feather Station must be moved by June 30, 2004 and that a new location is being sought.

Chair Pro-Tem requested an update on the Recycle Task Force and Mr. Gillette stated that research continues to find ways for the Recycle Center to either break-even or make a profit.

Commissioner Gibson asked if the County has ever researched shreading tires at the landfill and Mr. Gillette replied that the County and the City of Fort Collins are exploring the possibility of hauling the tires to an existing facility in Fort Lupton.

Chair Pro-Tem noted there is no public present requesting to comment on this item.

MOTION

Commissioner Gibson moved that the Board of County Commissioners approve the rate increases for the County Landfill and the Transfer Stations at Red Feather Lakes, Wellington and Berthoud as well as establish E-Scrap rates for the Household Hazardous Waste Site as proposed.

Motion carried 2 - 0.

There being no further business, the hearing adjourned at 1:40 p.m.

_______________________________

THOMAS G. BENDER, CHAIR

BOARD OF COMMISSIONERS

SCOTT DOYLE

CLERK AND RECORDER

(S E A L)

A T T E S T

_____________________________ _______________________________

Dawn Stroh, Deputy Clerk Jean M. O'Connor, Clerk to the Board