MEETING OF THE BOARD OF COUNTY COMMISSIONERS

BOULDER COUNTY, JULY 26, 2001

The Board of County Commissioners of Boulder County met in regular session in full conformity with the law and resolution of said Board at the regular place of meeting in the Office of the Board of County Commissioners, Third Floor, Courthouse, Boulder, Colorado, on Thursday, July 26, 2001.

The meeting was called to order at approximately 9:05 a.m., by Chair Mendez with the following present:

Jana L. Mendez, Chair

Paul Danish, Vice Chair

Ronald K. Stewart

[Note: Commissioner Stewart was excused for part of the day.]

9:00 a.m.

Public Hearing: Docket #SPR-00-180 (Newbold Residence); Site Plan Review for the construction of a 1,240 sq.ft. residence (above grade= 1,240 sq.ft./finished floor area=1,240 sq.ft.) (located at 8515 Ouray, in Section 21, T2N, R70W) (Tabled from 12/7/00): (9:02 – 9:50) (140, Tape No. 43/dual dat recorder, "counter" mode)

Legal notice of this hearing was duly published in accordance with legal and policy requirements in the designated newspaper of general circulation.

[Commissioner Stewart was excused from this meeting.]

Presenters: Todd Tucker, Land Use Department

Pat Mayne, Assistant County Attorney

Steve Janssen, attorney for applicant

Ed Meacham, County Zoning Inspector

Present: Barbara Andrews, Assistant County Attorney

Speakers: Jane Weitzel, Boulder Hills resident

Robbi Barrett, nearby property owner

Michael Tansig, resident across from trailer

Tim Schabacker, 5706 Prospect Road

Commissioner Danish moved to deny Docket #SPR-00-180, Newbold Residence, in accordance with staff recommendations. Commissioner Mendez seconded the motion.

VOTE: STEWART, excused; MENDEZ, aye; DANISH, excused. Motion passed 2-0. (1071)

11:00 a.m.

Parks & Open Space Department :

Public Hearing: Alpine Horn property -- proposed conveyance of approximately 3 acres of mineral rights only, underlying the Sugarloaf Mountain Open Space property, in exchange for approximately 3 acres of land adjacent to the Sugarloaf Mountain Open Space property: (11:12 – 11:13) (2460, Tape No. 45/dual dat recorder, "counter" mode)

Legal notice of this hearing was duly published in accordance with legal and policy requirements in the designated newspaper of general circulation.

[Commissioner Stewart was excused from this meeting.]

Presenters: Emy Brawley, Parks and Open Space Department

Present: Ben Pearlman, Assistant County Attorney

Speakers: None

Commissioner Danish moved to approve the exchange of land to the Alpine Horn mineral rights from land adjacent to the Sugarloaf Mountain Open Space Property, in accordance with staff recommendations. Commissioner Mendez seconded the motion.

VOTE: STEWART, excused; MENDEZ, aye; DANISH, excused. Motion passed 2-0. (2469)

11:15 a.m.

South Boulder Creek Citizens Advisory Committee & Independent Review Panel report: (11:15 – 12:02) (2489, Tape No. 43/dat recorder, "counter" mode)

Presenters: Tess Heffernan

Robert Sharpe, Marshall Road

Doretta Holquest, 1561 S. Foothills Highway

Allison Burchell, 1270 Chambers Drive

Dr. Gilbert White, 624 Pearl St.

Larry Matel, Transportation Director

Ben Binder, 720 S. 41^st St.

Ellen Willis, 289 S. Lafayette Drive

This item was for information only; no action was taken.

2:00 p.m.

Land Use Matter:

Docket #BVCP-99-01(c) (Boulder Valley Comprehensive Plan Year 2000 Major Update: Land Use Designations and Definitions) (tabled from 07/10/01): (2:03 – 2:35) (3989, Tape No. 43, through 140, Tape No. 44/dual dat recorder, "counter" mode)

Legal notice of this hearing was duly published in accordance with legal and policy requirements in the designated newspaper of general circulation.

Presenters: Pete Fogg, Land Use Department

Susan Ridgestone, City of Boulder

Present: Barbara Andrews, Assistant County Attorney

Speakers:

Commissioner Stewart moved (two separate motions) to approve the change regarding high density residential, and that the Light Industrial designation not be approved. Commissioner Danish seconded the motion.

VOTE: STEWART, aye; MENDEZ, aye; DANISH, aye. Motion passed 3-0. (4425, 4447)

Commissioner Stewart moved to not approve the change for Parcel 16, south of Arapahoe Avenue . Commissioner Danish seconded the motion.

VOTE: STEWART, aye; MENDEZ, aye; DANISH, aye. Motion passed 3-0. (4475)

ACTION

Commissioner Stewart moved approval of Parcels 13a, 13b, 13c, and 13d, as recommended. Commissioner Danish seconded the motion.

VOTE: STEWART, aye; MENDEZ, aye; DANISH, aye. Motion passed 3-0. (4486)

Concerning Parcels 12a and 12b, Commissioner Stewart moved approval of 12a remaining low density residential, and that if a school, there be a 5-acre park or open space parcel be included, and that concerning 12b, the southernmost 1 acre be maintained as low density, and that the other five acres as medium density.

VOTE: STEWART, aye; MENDEZ, aye; DANISH, aye. Motion passed 3-0 (4798)

Commissioner Danish moved approval of policy statement concerning maintenance of affordable housing currently existing through mobile homes. Commissioner Stewart seconded the motion.

VOTE: STEWART, aye; MENDEZ, aye; DANISH, aye. Motion passed 3-0. (4917)

Commissioner Stewart moved approval of the Area 1, 2, and 3 new boundary designations. Commissioner Danish seconded the motion.

VOTE: STEWART, aye; MENDEZ, aye; DANISH, aye. Motion passed 3-0. (4943)

Commissioner Danish moved approval of the urban parks and open space maps as amended. Commissioner Stewart seconded the motion.

VOTE: STEWART, aye; MENDEZ, aye; DANISH, aye. Motion passed 3-0. (4954)

Commissioner Stewart moved approval of designated changes, as amended. Commissioner Danish seconded the motion.

VOTE: STEWART, aye; MENDEZ, aye; DANISH, aye. Motion passed 3-0. (4963)

Commissioner Danish moved approval of the land use map changes. Commissioner Stewart seconded the motion.

VOTE: STEWART, aye; MENDEZ, aye; DANISH, aye. Motion passed 3-0. (4975)

Commissioner Stewart moved to table this item until July 31, 2001, at 10:00 a.m. (business meeting). Commissioner Danish seconded the motion.

VOTE: STEWART, aye; MENDEZ, aye; DANISH, aye. Motion passed 3-0. (5144)

1. Docket #SPR-01-038 (Lutz Residence); Site Plan Review for the construction of a 3,132 sq.ft. residence (above grade=2,613 sq.ft./ finished floor area=1,965 sq.ft./unfinished floor area=1,167 sq.ft.) (located at 167 Jed Smith Road, Bar K Ranch 3, Lot 77, in Section 22, T2N, R72W) (Tabled from 5/22/01, 6/7/01 & 7/19/01): (1250, Tape No. 43) (15 min.)

Presenters: Todd Tucker, Land Use Department

Barbara Andrews, Assistant County Attorney

Peter Dowd, neighbor

Commissioner Danish moved to approve Docket #SPR-01-038, Lutz Residence, in accordance with staff conditions, the revised plan presented today, and that the height be limited to 23 feet. Commissioner Mendez seconded the motion.

VOTE: STEWART, excused; MENDEZ, aye; DANISH, aye. Motion passed 2-0. (1558)

2. Docket #SPR-01-073 (Patterson Residence); Site Plan Review for the construction of a 4,362 sq.ft. residence (above grade=4,362 sq.ft./ finished floor area=3,117 sq.ft./unfinished floor area=1,245 sq.ft.) (located at 8338 Arapahoe Road, in Section 31, T1N, R69W) (Tabled from 7/10/01): (1600, Tape No. 43) (30 min.)

Presenters: Todd Tucker, Land Use Department

Mrs. Patterson, applicant

Steve Patterson, applicant

Barbara Andrews, Assistant County Attorney

Speakers: Robert McNitt

Celeste Woodley

Lauren McNitt, 7957 Arapahoe

George Autrey, former resident of subject house

Commissioner Danish moved to table Docket #SPR-01-073, Patterson Residence, until August 7, 2001, at 10:00 a.m. (business meeting). Commissioner Mendez seconded the motion.

VOTE: STEWART, excused; MENDEZ, aye; DANISH, aye. Motion passed 2-0. (2300)

Commissioner Danish moved to hold an executive session with the County Attorney for the purpose of receiving legal advice concerning Docket #SPR-01-073, Patterson Residence, in accordance with staff recommendations. Commissioner Mendez seconded the motion.

VOTE: STEWART, excused; MENDEZ, aye; DANISH, aye. Motion passed 2-0. (2323)

3. Application for use of the Courthouse Lawn from the Rocky Mountain Peace and Justice Center, for a Hiroshima Day vigil on Sunday, August 5^th (1:00 - 4:00 p.m.)

4. Application for use of the Courthouse Lawn from Saturn Cycling Classic/Cyberbike, for a family-oriented interactive bicycle game and Saturn vehicle display on Friday, August 10^th (5:00 - 9:00 p.m.)

Item Nos. 3 and 4 were noted for the record.

5. County Attorney’s Office -- Land Use Resolutions:

a. 2001-87, conditionally approving Docket #SE-01-19 (Allenspark Water and Sanitation/Sheppard SE);

b. 2001-95, conditionally approving Docket #HP-01-04 (Kluck Residence Historic Landmarking);

c. 2001-100, finding that a proposed change to Docket #SU-99-13 (ACL Learning Center Special Use) is not a substantial modification;

d. 2001-101, conditionally approving in part and denying in part Docket #LU-01-10/SE-01-24 (New Cardinal Limited Impact Special Use/Subdivision Exemption);

e. 2001-104, conditionally approving Docket #SE-01-26 (City of Lafayette/Wicks Boundary Line Adjustment);

f. 2001-106, conditionally approving Docket #SE-01-20 (Cardinale Boundary Line Adjustment)

Commissioner Danish moved approval of Item No. 5. Commissioner Mendez seconded the motion.

VOTE: STEWART, excused; MENDEZ, aye; DANISH, aye. Motion passed 2-0. (2360)

Commissioners Matters:

6. Personnel Actions:

None

7. Petition for Abatement or Refund of Taxes recommended for approval by the Assessor: Mastercraft Tool, Inc; ID #0262461 ($10,473.78):

Commissioner Danish moved approval of Item No. 7. Commissioner Mendez seconded the motion.

VOTE: STEWART, excused; MENDEZ, aye; DANISH, aye. Motion passed 2-0. (2366)

8. Petitions for Abatement or Refund of Taxes recommended for partial approval by the Assessor (and agreed to by Petitioner):

a. FHCC, Ltd; ID #0067978 ($4,274.04 for 1998);

b. FHCC, Ltd; ID #0067978 ($4,266.32 for 1999);

c. Doctors Edge, LLC; ID #114915 ($4,048.50);

d. Nick Jeannette, ID #114915 ($1,858.42):

Commissioner Danish moved approval of Item No. 8. Commissioner Mendez seconded the motion.

VOTE: STEWART, excused; MENDEZ, aye; DANISH, aye. Motion passed 2-0. (2385)

Administrative Matters:

None

Item Amended to the Agenda:

10. County Attorney: Request to hold an executive session for the purpose of considering real property negotiations:

Commissioner Danish moved approval of Item No. 10. Commissioner Mendez seconded the motion.

VOTE: STEWART, excused; MENDEZ, aye; DANISH, aye. Motion passed 2-0. (2406)

Upon motion duly made, seconded and passed unanimously, this meeting was adjourned by the Commissioners at approximately 2:35 p.m.

Deputy Clerk to the Board