Elk in Rocky Mountain National Park
 

    PROCEEDINGS OF THE BOARD OF COUNTY COMMISSIONERS

    MONDAY, FEBRUARY 1, 1993

                                  SUBDIVISIONS  
                                (#70, #25 & #27)

    The  Board  of  County Commissioners met at 9:00 a.m. in regular session
    with  John  Barnett, Director of Planning.  Chairman Hotchkiss presided;
    Commissioners  Disney  and Duvall were present.  Also present were: Russ
    Legg,  Development  Processing  Administrator,  Al  Kadera,  Subdivision
    Administrator;  John  Pedas,  Code  Enforcement  Officer;  Jill Bennett,
    Comprehensive  Planner;  Elaine Spencer, Director of General Engineering
    Services;  Jerry  Blehm,  Public Health; Jeannine Haag, Assistant County
    Attorney;  and  Bill  Gordon, County Administrator.  Recording Clerk, S.
    Graves. 

    Mr.  Barnett  advised the Board that the following are consent items and
    will  not  be  discussed  in detail unless specifically requested by the
    Commission or members of the audience.  

    1.   WINDCLIFF ESTATES AMENDED EASEMENT VACATION (#92-OSO191): 10-04-73;
         FIVE MILES SOUTHWEST OF ESTES PARK OFF COLORADO HIGHWAY 66;
         E-1 ESTATE ZONING (2-1-93) 

    This  is  a  request  to  vacate a water line easement which crosses the
    property.  Staff Findings include: 1) Windcliff Estates Fifth Filing was
    approved  in  1976.   The original approval included a 6-foot water line
    easement to benefit the lots downstream from this lot; 2) The downstream
    lot  owners,  who  benefit from the existing easement, have quit claimed
    their  interest  in  this  easement to the owner of this lot.  The water
    line  has  been relocated to another easement; therefore, there does not
    appear  to  be  a  need  for  the  water  line easement; 3) Vacating the
    easement  will  permit  the  construction of a single family dwelling on
    this  lot  that  otherwise  would  have  encroached  upon  the easement.

    Staff Recommendation is for Approval of the request to vacate the 6-foot
    Water  Line Easement on Lot 1, Block 11, Amended Plat of Lots 10, 11 and
    12, Block 11, Windcliff Estates Fifth Filing.   

    2.  MEADOWDALE HILLS AMENDED PLAT (#92-SA0193): NW 34-05-72; 2 1/2 MILES
        SOUTHEAST OF ESTES PARK ON THE NORTH SIDE OF U.S. HIGHWAY 36;   
        1.95 ACRES; 2 LOTS; O-OPEN ZONING (2-1-93)  

    This  is  a  request  for  an Amended Plat of Lots 33 and 34, Meadowdale
    Hills  First  Filing,  to adjust lot lines near Pine Tree Drive, so that
    the  well for Lot 33 is located on Lot 33.  Lot 33 is vacant; Lot 34 has
    an   existing  residence.   Staff  Findings  are:  1)  Meadowdale  Hills
    Subdivision  First  Filing  was  recorded  in July 1963; 2) The proposed
    Amended  Plat  would adjust a boundary line, so that the well for Lot 33
    is  located  on Lot 33; 3) The County Health and Engineering Departments
    have reviewed the proposed Amended Plat and stated no objections; 4) All
    utility  companies  serving  the area have reviewed the proposed Amended
    Plat and stated no objections.  

  
    Staff  Recommendation  is  for  Approval of the proposed Amended Plat of
    Lots 33 and 34, Meadowdale Hills First Filing.  

    3.   CEDAR  PARK  SUBDIVISION  AMENDED  PLAT  (#92-SA0199):  SE  1/4  OF
         27-06-71; NORTH OF DRAKE AND BIG THOMPSON CANYON 11 MILES NORTH
         EAST OF ESTES PARK; 9.14 ACRES; 2 LOTS; E-ESTATE ZONING (2-1-93)   

    This  is  a  request  for  an Amended Plat of Lots 43 and 44, Cedar Park
    Subdivision  First  Filing,  to adjust the boundary line between Lots 43
    and  44, slightly increasing the size of Lot 44.  Staff Findings are: 1)
    Cedar  Park  First  Filing  was  approved  in  1967;  2)  A dwelling was
    constructed,  mostly  on Lot 44, in about 1976.  The dwelling encroached
    on  the  lot  line  between  Lots  43  and  44; 3) The County Health and
    Engineering  Departments  and  all  utilities  serving  this  area  have
    reviewed the proposed Amended Plat and stated no objections.

    Staff  Recommendation is for Approval of the Amended Plat of Lots 43 and
    44, Cedar Park First Filing.

    4.   SADDLEBACK  SUBDIVISION,  PHASES  II,  III  AND IV - TIME EXTENSION
         (#S-71-88): E 1/2 4-7-69; 1/2 MILE NORTH OF COUNTY ROAD 48 ON THE  
         WEST SIDE OF TAFT HILL ROAD APPROXIMATELY 1 MILE SOUTHEAST OF  
         LAPORTE; 35.4196 ACRES; 71 LOTS; R-1 RESIDENTIAL (FORT COLLINS UGA)
         ZONING (2-1-93)

    This  is  a request to extend for one year the Preliminary Plat approval
    of  this  residential  subdivision.   Staff  Findings  include:  1)  The
    Preliminary  Plat,  Rezoning,  and Off-Site Street Waiver for Saddleback
    Subdivision, Phases II, III and IV were conditionally approved on August
    22,  1988;  2)  The  conditions attached to the above mentioned approval
    adequately  address  the  potential  impacts  of  this  project  on  the
    neighborhood  and  will  ensure that this project does not result in any
    unplanned  public  expense  to  accommodate  the future residents of the
    subdivision;  3)  There  have  not  been  any significant changes in the
    neighborhood  since  the  conditional approval was granted; 4) Extending
    the  conditional  approval of Saddleback Subdivision, Phases II, III and
    IV  will  not  result  in  any  significant  negative impacts on utility
    services,  transportation  facilities,  neighboring  properties,  or the
    natural  environment;  5)  Approval  of this extension has the effect of
    extending  the  vesting period established pursuant to State Statute for
    site specific development plans.

    Staff Recommendation is for Approval of the extension of the Preliminary
    Plat  approval  for  Phases  II,  III  and IV, Saddleback Subdivision to
    December  31,  1993,  with  the following conditions: 1) All Final Plats
    shall  be  completed  in strict conformance with the requirements of the
    Larimer   County  Subdivision  Resolution  and  with  the  conditionally
    approved  Preliminary Plat; 2) The two fire hydrants noted in the letter
    from  the Poudre Fire Authority dated June 9, 1988 shall be relocated on
    the  final  utility  plans;  3) Prior to any Final Plat application, the
    applicant  shall  finalize an Out-of-City Utility Service Agreement with
    the City of Fort Collins; 4) The existing water line between Lots 16 and
    17,  Block  2, shall be addressed in the final utility plans if it is to
    be  abandoned, or an easement shall be included in the Final Plat if the
    water line is to remain; 5) The width of the easement between Lots 7, 8,
    13  and  14, Block 3, shall be shown on the Final Plat; 6) Minimum front
    setback shall be shown on all reversed corner lots on the Final Plat; 7)
    The  Homeowners'  Association  documents  submitted  with any Final Plat
    shall   include   specific   information   concerning   the  rights  and
    responsibilities  of  the  lot  owners  with  respect  to  the  drainage
    facilities.   Also  included  shall be a specific time table for deeding
    these  facilities  to  the  homeowners;  8) The following notes shall be
    placed  on  all Final Plats: A) Engineered footings and foundation plans
    shall  be  required for any construction on this site; B) Larimer County
    Park  Fees  for  the  Fort  Collins Urban Growth Area shall be paid when
    building  permits  are  issued  for  each single family dwelling on this
    site; C) The Street Improvements Fee shall be paid when building permits
    are  issued  for  each  single family dwelling in this project; D) After
    each  residential  structure is enclosed, but prior to the issuance of a
    Certificate of Occupancy, air samples shall be collected and analyzed by
    a  certified  laboratory  to  determine  if  radon gas is present in the
    structure;  9) Lots 17, 18 and 19 of Block 2 shall be redesigned to make
    three  lots into two lots; 10) Lots 1, 2 and 3 of Block 4 are to be made
    into  two  lots,  rather  than three lots; 11) Wakonda Drive will not be
    constructed  as  a  through street at this time, but public right-of-way
    shall  be  dedicated  for future connection, and the design at this time
    shall  be  for  emergency  access  only,  subject to the approval of the
    Poudre Fire Authority and the County Engineer; 12) Street cross-sections
    for  all  internal  streets  shall  be  designed to meet Urban Area Road
    Standards  adopted  as  part  of the Intergovernmental Agreement for the
    Fort  Collins  Urban  Growth  Area;  13) All Final Plat applications and
    future  development  of  this site shall be done in conformance with the
    Larimer  County  Collateral Policy; 14) This constitutes a site specific
    development plan, the approval of which triggers a vested property right
    pursuant  to  state  and  local  law.   If this approval is conditional,
    failure to abide by the terms and conditions will result in a forfeiture
    of vested property rights.  This site specific development plan shall be
    deemed  approved  upon  the  date  on  which  the  written  Findings and
    Resolution  is signed by the Chairman, or Chairman Pro-Tem, of the Board
    of  County Commissioners.  The Director of Planning shall cause a notice
    to  be published in a newspaper of general circulation in Larimer County
    advising  the  general  public  of  this  site specific development plan
    approval  and  creation  of a vested property right, such publication to
    occur no later than 14 days after the written Findings and Resolution is
    signed  by  the  Chairman,  or  Chairman Pro-Tem, of the Board of County
    Commissioners.  

    M O T I O N 

    Commissioner Duvall moved that the Board of County Commissioners approve
    the Windcliff Estates Amended Easement Vacation (#92-0S0191); Meadowdale
    Hills  Amended  Plat  (#92-SA0193);  Cedar Park Subdivision Amended Plat
    (#92-SA0199); and the Saddleback Subdivision, Phases II, III and IV Time
    Extension  (#S-71-88); each, with the conditions as previously outlined.

    Motion carried 3 - 0.   
    5.   KOTIN SUBDIVISION (PRELIMINARY PLAT) - (#92-SU0094): SE 1/4 2-6-69;
         NORTH OF APPLEWOOD ESTATES, PART OF THE ROBINSON EXEMPTION; 5.27   
         ACRES; 2 LOTS PROPOSED; FA-1 FARMING/URBAN GROWTH AREA ZONING  
         (2-1-93)   

    This is a request to divide 5.27 acres into 2 lots of 2.8 and 2.46 acres
    for  single  family dwellings.  Mr. Kadera reviewed the major issues and
    concerns.   Staff  Findings  include:  1) The proposed Kotin Subdivision
    Preliminary  Plat is consistent with the existing zoning of the site and
    with  existing  development  in  the  area; 2) This site is in the Urban
    Growth  Area  for  the  City  of  Fort Collins.  Waivers from the Public
    Street   Capacity   Requirements   and  the  Contiguity  with  "Existing
    Development"  are  appropriate  for  this  "in-fill  project; 3) Various
    agencies  have  reviewed  this  proposal  and  their recommendations are
    included  in  this  Staff  Report;  4) Approval of the Kotin Subdivision
    Preliminary  Plat, with the following conditions, will not result in any
    significant   negative   impacts   on  surrounding  properties,  utility
    services, transportation facilities, or the natural environment.

    The  Staff/Urban Growth Area Review Board Recommendation is for Approval
    of  the  Waiver  of  the  Public  Street  Capacity  Requirements  of the
    Intergovernmental  Agreement for the Fort Collins Urban Growth Area with
    the  condition  that a Waiver Fee of $700 be paid when a building permit
    is issued for a single family dwelling on Lot 2.  A note concerning this
    Fee  shall  appear on the Final Plat; 2) Approval of the Waiver from the
    requirement  that this project be contiguous with "Existing Development"
    as defined in the Intergovernmental Agreement for the Fort Collins Urban
    Growth  Area;  3) Approval of the revised Preliminary Plat for the Kotin
    Subdivision,  with  the following conditions: A) The Final Plat shall be
    completed   in   strict  conformance  with  the  conditionally  approved
    Preliminary  Plat and the requirements of the Larimer County Subdivision
    Resolution;   B)   Plans   for  construction  of  the  access  road  and
    installation of water and sewer lines shall be subject to the review and
    approval   of   the   County   Engineer,  Poudre  Fire  Authority,  Fort
    Collins-Loveland  Water  District, and the South Fort Collins Sanitation
    District; C) The Final Plat application shall include an irrigation plan
    and   homeowners'   documents   that   clerly   define  the  rights  and
    responsibilities  of each lot owner with respect to the irrigation water
    and  delivery  facilities;  D)  The  homeowners' documents shall include
    specific  provision  for the maintenance of the access road, including a
    mechanism  for  funding  such  maintenance;  E)  The installation of all
    utilities to this site shall be underground; F) Any construction on this
    site  shall  be subject to the minimum requirements of the Water, Sewer,
    and  Fire  Safety  Standards; G) The following notes shall appear on the
    Final  Plat:  1)  Larimer  County  Park  Fees for the Fort Collins Urban
    Growth  Area shall be paid when a building permit is issued for a single
    family  dwelling  on  Lot  2;  2)  Engineered  foundation plans shall be
    required  for any construction on this site; 3) Off-Site Street Capacity
    Waiver  Fee  shall be paid when a building permit is issued for a single
    family  dwelling  on  Lot  2;  4)  A  Drainage  Fee for the Fossil Creek
    Drainage  Basin  shall  be  paid  when a building permit is issued for a
    single  family  dwelling  on  Lot 2; 5) The results of a radon detection
    test shall be submitted to the Planning Division before a Certificate of
    Occupancy  is  issued  for  any residential structure on this site; H) A
    special  assessment  for  Special  Improvements  Agreement  in Applewood
    Estates will be divided equally between the two lots to be paid annually
    with  real  estate  taxes;  I)  Covenants  as  restrictive  as Applewood
    Estates' would apply to Lot 2 and to any new construction on Lot 1; J) A
    more satisfactory access for Lot 2 will be agreed upon before Final Plat
    is  recorded;  K)  There  will be no further subdivisions of either lot.

    Mr.  Jim  Martell,  attorney  representing  the applicant, addressed the
    Board and stated the applicant is in agreement with all the requirements
    and conditions outlined by Staff and the UGA Review Board.  

    M O T I O N 

    Commissioner  Disney  moved  that the Board adopt the Staff Findings and
    the  Staff/Urban  Growth  Area Review Board Recommendations with Amended
    Conditions  and approve Kotin Subdivision Preliminary Plat (#92-SU0094).

    Motion carried 3 - 0.   

    6.    FEIGHNER   MINOR  RESIDENTIAL  DEVELOPMENT  (#92-EX0173):  NE  1/4
         36-04-70; SOUTH SIDE OF COUNTY ROAD 4, 1/2 MILE WEST OF COUNTY ROAD
         23E; 10 ACRES; 2 LOTS; FA-1 FARMING ZONING (2-1-93)

    This  is a request to divide a 10-acre parcel into 2 lots of 5 acres for
    single  family  dwelling  units.   Mr.  Kadera  reviewed  the background
    history  and  noted  that  this  property is part of an original 80-acre
    parcel  which  was divided into 20-acre parcels prior to the adoption of
    Senate  Bill  35;  in  1975  a  six-lot  exemption  was  approved.   The
    Feighner's  property  was  included  and  divided into two parcels.  The
    current  MRD process is limited to the creation of four lots; therefore,
    they  are  still eligible to divide their property under the current MRD
    Regulations.  Mr. Kadera stated that a FAX was received from an adjacent
    neighbor requesting that no mobile home or moved-in structure be allowed
    on the site.  Mr. Kadera recommended that conditions be amended to state
    that  only  a modular or stick-built house be allowed on this site.  Ms.
    Feighner addressed the Board and agreed to inclusion of a condition that
    a  double-wide trailer cannot be moved onto the site.  Ms. Feighner also
    objected to Condition #2 stating that additional right-of-way for County
    Road  4  shall  be  dedicated  on the Final Plat noting that in 1976, an
    extra  20-feet  was  given  for  CR 4 and an additional 20-feet row will
    interfere  with  their  residence.  Therefore, Condition #2 was amended.
    Staff   Findings   are:  1)  The  proposed  Feighner  Minor  Residential
    Development  is  consistent with the minimum requirements of the Larimer
    County  Zoning  and  Subdivision  Resolutions;  2) The proposed Feighner
    Minor   Residential   Development   is   consistent  with  the  existing
    development  in the immediate area; 3) Approval of the proposed Feighner
    Minor  Residential  Development, with the following conditions, will not
    result  in  any  significant negative impacts on surrounding properties,
    utilities, transportation facilities, or the natural environment.   

    Staff  Recommendation  is for Approval of the Feighner Minor Residential
    Development,  with  the following conditions: 1) The Final Plat shall be
    completed  in  strict  conformance  with  the  plan  submitted  for this
    hearing, except as modified by these conditions; 2) The Final Plat shall
    include  a  50-foot  half  right-of-way for County Road 4; 3) The access
    easement shall be dedicated as an access, utility, and drainage easement
    on  the  Final  Plat;  4)  The following notes shall appear on the Final
    Plat:   A)  A fire sprinkler system shall be required in any residential
    structure on Lot 1; B) Engineered foundation plans shall be required for
    any construction on this site; C) Larimer County Park Fees shall be paid
    when  a building permit is issued for a single family dwelling on Lot 1;
    D) The use of these lots shall be limited to single family dwellings and
    accessory  uses  as  defined in the Larimer County Zoning Resolution; E)
    The  results of a radon test shall be submitted to the Planning Division
    before  a  Certificate  of  Occupancy  is  issued  for any single family
    dwelling on Lot 1; F) The Section 2.8 Off-Site Road Fee of $513 shall be
    paid  when  a  building permit is issued for a single family dwelling on
    Lot  1;  G) Prospective lot owners should be aware of the quarry located
    west  of  this  site.  Quarries typically create noise, dust, vibration,
    and  heavy  truck  traffic.   The  creation  of  these lots shall not be
    justification to shut down the quarry operation; H) Owners of these lots
    shall  be  required  to participate in the maintenance of Sherlyn Court.
    If  there  is  a  Road or Homeowners' Association, these lot owners must
    join  that  Association;  I)  Any  single-family dwelling placed on this
    property  shall  have a pitched roof with standard roofing materials and
    standard  siding  materials--no aluminum or metal-sided dwelling will be
    allowed.

    M O T I O N 

    Commissioner  Duvall  moved  that the Board adopt the Staff Findings and
    Staff  Recommendation  with Amended Conditions, and approve the Feighner
    Minor Residential Development (#92-EX0173). 

    Motion carried 3 - 0.   

    7.   APPEAL  OF  LEGAL  LOT  DECISION  (#92-EX0192):  NW  1/4  07-04-72;
         PROPERTY IS BISECTED BY THE LITTLE VALLEY ROAD ABOUT 1-2 MILE  
         SOUTH OF FISH CREEK ROAD; 40 ACRES; 2 LOTS (2-1-93)

    This  is  a  request  by the applicant appealing the Staff determination
    that  Little  Valley  Road,  passing through the NE 1/4 of the NW 1/4 of
    Section  07, Township 04 North, Range 72 West, has not caused a pre-1972
    division  of  the  property.  Mr. Kadera reviewed the major concerns and
    issues  noting  that  this  existing  40-acre parcel has a road down the
    middle  and  the applicant thinks this has created two separate building
    sites.   After reviewing the history of this parcel, and conferring with
    the  Assistant  County  Attorney,  it  was  determined by Staff that two
    separate  legal  parcels have not been created.  Staff Findings include:
    1)  The  Little  Valley  Road  has  existed  for  many  years.  A formal
    dedication  was  accepted  by  the County in 1977; 2) The 40-acre parcel
    that  is  traversed  by the Little Valley Road was created in 1978.  The
    road  was in place when the 40-acre parcel was deeded separately; 3) The
    mere  existence  of  the Little Valley Road does not ensure that minimum
    standards for creating new building sites will be met; 4) The County has
    a  procedure for granting exemptions from the definition of subdivision.
    This  procedure  will  obtain  comments from the appropriate authorities
    concerning the adequacy of the sites for building purposes. 
    Staff  Recommendation  is  for  Denial  of  the  Appeal of the Legal Lot
    Determination  for  the  40-acre  parcel in Section 7, Township 4 North,
    Range 72 West of the 6th P.M.   

    Mr. Van Horn, applicant, submitted a map of the site and understands the
    Staff'  concerns whether the division would result in a site with zoning
    problems  or  inability  to  put  in septic system, or if there would be
    access  problems.   Mr.  Van  Horn  noted  that  this road has gone thru
    controversy  in the past and the County declared it a public road.  This
    is  a unique road and provides access to over 100 parcels of land to the
    public  and  Forest  Service.   Mr.  Van  Horn  stated there is a strong
    argument  that  the road does divide the property and he proposed that a
    condition  be  attached  to the determination that a survey be filed and
    the  resultant  parcels  meet  all  the criteria for access, zoning, and
    on-site  services.  Mr. Barnett noted that if this request is granted it
    would  create  a  precedent and 100 similar requests in the County would
    result.  Much discussion followed.  

    M O T I O N 

    Commissioner  Duvall  moved  that the Board adopt the Staff Findings and
    Staff Recommendations and deny the Appeal of the Legal Lot Determination
    for  the 40-acre parcel in Section 7, Township 4 North, Range 72 West of
    the  6th  P.M., but noted that the Board of County Commissioners will be
    receptive  to  consideration of an exemption by Concept Technical Review
    for this site in the future.

    Motion carried 3 - 0.   

    8.    ROSE  ANN  MINOR  RESIDENTIAL  DEVELOPMENT  (#92-EX0159):  SE  1/4
          11-05-68; NORTHWEST CORNER OF THE INTERSECTION OF COUNTY ROAD 3   
          AND U.S. HIGHWAY 34; 53 ACRES; 3 LOTS; FA-FARMING ZONING (2-1-93) 

    This  is a request to divide a 53-acre parcel with an existing residence
    into  three  lots  of  9.6,  17.7,  and  21.3  acres  for  single family
    dwellings.   Mr.  Legg  reviewed  the  project description and the major
    concerns  and  issues  and noted this is a typical MRD request and meets
    all  the  requirements.   Staff  Findings are: 1) The proposed Rose Anne
    Minor   Residential   Development   is   consistent   with  the  minimum
    requirements  for  Minor  Residential  Developments  as contained in the
    Larimer  County  Subdivision  Resolution  concerning  the number of lots
    created,  lot  size,  access  and  zoning;  2)  The  County  Health  and
    Engineering  Departments have reviewed the request and have made certain
    recommendations,  which are contained in this report; 3) Approval of the
    proposed  Rose  Anne  Minor Residential Development, with the conditions
    noted,  should  not  adversely  affect  adjacent  property,  the natural
    environment, or the provision of services or transportation.

    Staff  Recommendation is for Conditional Approval of the Rose Anne Minor
    Residential  Development.   Concerns from adjacent property owners cited
    were  existing  low  water  pressure in the area, certainty of increased
    traffic  on  CR  3,  historical  drainage,  possible interference of the
    farming  operation north of the site which sprays chemicals for weed and
    insect  control  and  creates  dust  when  working the land, etc.  These
    concerns   were   discussed  and  possible  solutions  suggested.   Sage
    Industries  expressed concern with their trucks turning onto County Road
    3 and the extremely low water pressure they experience.  Mr. Cannon, the
    applicant,  agreed  with all the requirements and conditions of the MRD,
    as originally proposed by Staff.  Discussion followed.  

    M O T I O N 

    Commissioner  Duvall  moved  that  the  Board  deny  the Rose Anne Minor
    Residential  Development  because  of  incompatibility  with the current
    adjacent land uses, agricultural and traffic concerns, and the fact that
    this  appears  to  be  an  expanding  industrial  area with the Wal-Mart
    Warehouse 1/2 mile to the north.

    Motion carried 2 - 1; Chairman Hotchkiss dissenting.

    9.    AMENDMENT  TO  LARIMER  COUNTY  SUBDIVISION  RESOLUTION  REGARDING
          EXEMPTIONS, NOTICE REQUIREMENTS AND TIME LIMITS FOR AGENCY RESPONSES  
          ON PRELIMINARY PLATS (#92-RA0202 & #92-RA0203): (2-1-93)  

    This  is a request for Approval of a Subdivision Resolution Amendment to
    change  Minor  Residential  Developments from 4 permitted lots to 2; add
    and  amend  the  Minor  Residential  Development  application criterion;
    establish deadlines for completion of pending applications and establish
    new time limits for responses and notice requirements in accordance with
    State Statute.  Mr. Legg provided the background information.   
    Staff  Findings  include:  1)  The  proposed  amendment  regarding Minor
    Residential Development is consistent with the intent and purpose of the
    County  Subdivision  Resolution  and  the recommendation of the Planning
    Commission   passed  September  16,  1992;  2)  The  proposed  amendment
    regarding public notice and referrals is consistent with requirements of
    HB91-1156;  3)  The  proposed  amendments  are  necessary to promote the
    public  health,  safety,  convenience,  order,  and  prosperity;  4) The
    proposed  amendment regarding Minor Residential Developments reduces the
    number  of  lots  to  be  created by the exemption procedure while still
    allowing other property or applicants requiring a greater number of lots
    to utilize the full subdivision procedure.  

    The  Planning  Commission/Staff  Recommendation  is  for  1) Adoption of
    Amendments  to Minor Residential requirements as shown on Exhibit A:  2)
    Adoption  of  Amendments to Notice and Referral requirements as outlined
    in  this  Staff  report  of this Agenda; 3) Adoption of a recommendation
    that  the  County Attorney be directed to draw up a Resolution for Board
    of   County   Commissioners'   signatures  that  contain  the  following
    provisions: A task force should be appointed by the County Commissioners
    to   study   current  subdivision  and  exemption  regulation  and  make
    recommendations  concerning  appropriate changes.  The task force, to be
    known  as  the  Subdivision  and  Exemption Revision Group (SERG) should
    consist   of   seven   members,  and  should  include  both  development
    professionals  and  citizen  planners.  One member of the Larimer County
    Planning  Commission  shall  be  appointed to the group.  Members of the
    County  Planning  Department shall provide Staff support to the group. A
    specific  time limit is not placed on the group, but it is expected that
    within  one  year  of the first meeting, SERG should present a report to
    the Larimer County Planning Commission and Board of County Commissioners
    outlining  its  findings and recommendations.  The report shall address,
    among   other   issues,   (1)  the  impact  of  current  regulations  on
    implementation  of  the  Land  Use  Plan;  (2)  the  impact  of  current
    regulations and particularly Minor Residential Developments on provision
    of  services  in  rural  areas;  (3) the need for a minor subdivision or
    exemption   regulation;  and  (4)  appropriate  subdivision  performance
    standards  for various parts of the County; 4) Adoption of the following
    requirements  for  pending  Minor Residential Developments: A) All minor
    residential applications received by the January 26, 1993 deadline shall
    be  processed  in  accordance  with the procedures and criteria in place
    prior  to  this  amendment;  B)  Pending  Minor Residential Developments
    already  heard  by  the  Board  of  County Commissioners shall expire as
    provided  for  in the existing regulations; C) Pending Minor Residential
    Developments  received prior to this Amendment that have been to Concept
    Technical  Review  shall  expire  on  the  date specified in the Concept
    Technical  Review  Agenda;  D)  Pending  Minor  Residential Developments
    received  prior  to  this  Amendment that have been to Concept Technical
    Review and which do not have an expiration date expressed in the Concept
    Technical Review Agenda, shall expire if they have not been heard by the
    Board of County Commissioners by July 6, 1993.  

    The  following  persons  addressed the Board and unanimously recommended
    the   Board  adopt  these  interim  changes  to  the  Minor  Residential
    Development  today:   Hank  Pedersen,  Chairman  Larimer County Planning
    Commission;  Tom  Peterson,  Fort  Collins  Planning Director; Ed Moore,
    Loveland  Planning  Director;  Warren  Jones, Poudre Fire Authority; and
    Mike  Vreeman, local dairyman.  Mr. Lou Kinzli, MRD developer, and Steve
    Tool,  realtor,  voiced their opposition to the adoption of this interim
    MRD  policy, and requested additional time for public hearings to review
    these changes.  Much discussion followed.   

    At  this  time,  Commissioner  Duvall  left  the  meeting  to attend the
    Executive  Council  Luncheon  Meeting;  she  left  instructions with the
    Chairman  to  cast  her  vote in favor of the adoption of the Amendment.

    M O T I O N 

    Commissioner  Disney  moved  that  the  Board adopt the Amendment to the
    Larimer  County  Subdivision  Resolution  regarding  Exemptions,  Notice
    Requirements  and  Time Limits for Agency Responses on Preliminary Plats
    and  that  a seven-member Task Force be appointed with the understanding
    that an interim report will be given within six months. 

    Motion carried 3 - 0.   

    10.  OFF-PREMISE ADVERTISING SIGNS (#92-R00076):

    Mr.   Legg  reported  that  on  June  16,  1992,  the  Board  of  County
    Commissioners  amended  the  Larimer  County Zoning Resolution regarding
    permissibility  of Off-Premise Advertising Signs in the C-Commercial and
    I-Industrial Zoning Districts.  The Amendment prohibited the issuance of
    new  building  permits  for  advertising  signs until the results of the
    study  performed  by  a Task Force of citizens.  The Task Force met July
    through  October  1992  and  reached  agreement;  the  results  of  this
    agreement are being drafted into regulatory language and a draft will be
    completed in 30 days.  Results should be available for Public Hearing in

    May  or  June,  1993.   Mr. Legg noted that no action is required by the
    Board  today; this report only meets the requirement of the Board that a
    Status Report be given to the Board in January, 1993.   

    11.   WARFIELD  ALLEGED  JUNKYARD VIOLATION: 4213 SHORELINE ROAD (LOT 7,
          THOMPSON'S LAKESIDE SUBDIVISION)  

    This alleged violation is for storing several inoperable vehicles in the
    O-Open   Zoning  District  in  a  residential  subdivision.   Mr.  Pedas
    submitted  recent photos of the site and noted this is a re-occurence of
    a  violation.   During  a  hearing  held  June  17,  1991,  Mr. Warfield
    indicated  he  would  build  a garage on the property to screen the auto
    body  work and painting of vehicles.  No construction has been initiated
    and  no building permits issued.  Staff Findings include: 1) The subject
    property is zoned O-Open District; 2) The subject property is a lot in a
    platted   residential   subdivision;   3)   The   outdoor   storage   of
    inoperable/unlicensed  vehicles  is  not  a  permitted use in the O-Open
    Zoning  District; 4) Collector's vehicles must be screened from ordinary
    public  view;  5)  Continued  outdoor storage of vehicles on the subject
    property will affect property values in the neighborhood.   

    Staff  Recommendtion  is  to  find  that  a  violation  exists,  require
    compliance  within 60 days, and authorize legal action if the compliance
    deadline is not met.

    Mr.  Bill  Gann,  adjacent  property owner, submitted photos of the site
    taken  from  his  deck,  an  audio  tape  of barking dogs, and noted the
    biggest complaint is noise from a compressor and air hammer.

    M O T I O N 

    Commissioner  Disney  moved that the Board find that a violation exists,
    require  compliance  within  60  days, and authorize legal action if the
    compliance deadline is not met. 

    Motion carried 2 - 0.   

    The meeting recessed at 12:20 p.m.  

            WORKSESSION ON SPECIAL IMPROVEMENT DISTRICTS ALTERNATIVES   
                                UNDER AMENDMENT 1   
                                     (#134) 

    The  Board  of  County  Commissioners reconvened at 2:00 p.m. in regular
    session  with Rex Burns, Special Districts Engineer.  Chairman Hotchkiss
    presided;  Commissioners  Disney  and Duvall were present.  Also present
    were:  Diane  Martell,  Staff  Services  Special  Districts Manager; Rex
    Smith,  Director  of  Public  Works; Elaine Spencer, Director of General
    Engineering Services; Dave Dwyer, Bond Counsel; Bob Grewell, Director of
    Finance;  Marla Hehn, Assistant County Attorney; and Bill Gordon, County
    Administrator.  Recording Clerk, S. Graves. 

    The  purpose  of  today's  meeting  is  to discuss with the Board how to
    proceed  in  forming  special improvement districts after the passage of
    Amendment  One  on  November  3,  1992.    Previously,  Colorado Statute

    provided  an  opportunity  for  property owners in a subdivision to join
    together   with  County  Government  to  finance  and  construct  street
    improvements,   water  and  sewer  systems,  and  surface  improvements.
    However, since the passage of Amendment One, Legal Counsel has held that
    each  Local  Improvement  District  will  now  be  required  to  hold  a
    County-wide  Election  to approve the special assessments and the bonded
    indebtedness.   Staff  unanimously  concurs  that  holding a county-wide
    election  to  form  a  special  district  is not feasible and would be a
    losing  proposition.   Staff  has researched other options available for
    funding  local  improvement  districts; one option is the formation of a
    public  sewer  utility,  which  would  be  structured  so  as  to  be an
    enterprise  fund  under Amendment One and would not require an election.
    Chairman  Hotchkiss suggested the possibility of a six-month moratorium.
    There  is  also  the  possibility that Legislature will amend Statute to
    allow  formation  of  a local improvement district without a county-wide
    election.   After  further  discussion, the Board directed Staff and Ms.
    Hehn  to  gather more information on other options to consider regarding
    formation   of  special  improvement  districts  without  a  county-wide
    election,  and  suggested  contacting  other  Counties  in  Colorado  to
    determine if they have a viable solution to the problem, and report back
    to  the  Board within 30 days.  In the interim, Mr. Dwyer will determine
    whether  or  not  he  can  issue bonds for a local public sewer utility.

    The meeting adjourned at 3:10 p.m.  

    TUESDAY, FEBRUARY 2, 1993   

                          PUBLIC WORKS STANDING MEETING 
                                     (#135) 

    The  Board  of  County Commissioners met in regular session at 9:30 a.m.
    with  Rex Smith, Director of Public Works.  Chairman Hotchkiss presided;
    Commissioners  Disney  and  Duvall  were present.  Also present was Bill
    Gordon, County Administrator.  Recording Clerk, M. Bloom.   

    1.   4-Year Short-Range Highway Improvement Program:  Rex Smith reviewed
    the  short-range  highway improvement program, 1994-1997, with the Board
    of  County  Commissioners.   Mr.  Smith  identified  factors utilized in
    developing  the  program,  such as:  available funding; traffic volumes,
    safety/accident  records,  maintenance  problems,  opportunity for co-op
    project with other agencies, probability of annexation or improvement as
    a requirement for land development. 

    Commissioner Duvall suggested that the Planning Department should become
    involved in the formulation of the program. 

    M O T I O N 

    Commissioner  Duvall moved that the Board accept the short-range highway
    improvement  program as presented with the understanding that changes to
    the same can be made.   

    Motion carried 3-0. 

    2.   Vine Drive Shop Groundwater Recovery & Treatment System:  Rex Smith
    indicated  that  three  County  shop sites, Wellington, Shields and Vine
    Street  are  in need of groundwater recovery and treatment systems.  Mr.
    Smith noted that the corrective action plan for the Vine Street Shop has
    been  approved  by  the  State;  the  design  work is completed and  bid
    documents  are being prepared for installation and implementation of the
    system.   The  estimated  cost of the system is $40,000; and the monthly
    operation  will  cost  $2,000.  Mr. Smith stated that these expenditures
    are  funded  through  the  Capital  Expenditures  Fund  - the same to be
    reimbursed from the Road and Bridge Fund.  With respect to the two other
    sites,  Mr.  Smith commented that applications for State funds have been
    submitted; no action has been taken.

    M O T I O N 

    Commissioner  Disney moved that the Board retire to Executive Session at
    10:15 a. m. to consider a personnel matter. 

    Motion carried 3-0. 

    The meeting recessed at 10:35 a.m.; no action was taken.

                      MEETING WITH COUNTY ATTORNEY'S OFFICE 
                                     ("135) 

    The  Board  of County Commissioners reconvened at 10:45 a.m. with George
    Hass,  County  Attorney.   Chairman  Hotchkiss  presided;  Commissioners
    Disney and Duvall were present.  Also present were members of the County
    Attorney's  Staff  and  Bill  Gordon,  County  Administrator.  Recording
    Clerk, M. Bloom.

    George  Hass  introduced the staff from the County Attorney's Office and
    identified areas of expertise.  

    Specific  queries  relating  to the contractual relationship between the
    County  Attorney  and  the  Department of Social Services as well as the
    Larimer Dog Ordinance/Humane Society relationship were addressed.   

    George  Hass stated that there are 31 cases open currently - the average
    over the last two years has been 29.

    The meeting adjourned at 11:30 a.m. 

    WEDNESDAY, FEBRUARY 3, 1993 

                             ADMINISTRATIVE MATTERS 
                                     (#137) 

    The  Board  of  County Commissioners met at 9:30 a.m. in regular session
    with  Bill  Gordon,  County Administrator.  Chairman Hotchkiss presided;
    Commissioners  Disney  and Duvall were present.  Also present were: Dana
    Klausmeyer,  Controller;  Bob  Grewell,  Finance Director; Patty Arnett,
    Health  Department  Business  Manager; Neil Gluckman, ETS Administrator;
    Joni   Friedman,   ETS   Assistant  Administrator;  Rex  Burns,  Special
    Improvement   District   Administrator;  and  Wayne  Lawler,  Facilities
    Manager.  Recording Clerk, S. Graves.   

    1.   PRESENTATION  OF  THE "CERTIFICATE OF ACHIEVEMENT FOR EXCELLENCE IN
    FINANCIAL  REPORTING"  TO  FINANCE:   Chairman  Hotchkiss  presented the
    "Certificate  of  Achievement  for Excellence in Financial Reporting" to
    Ms.  Klausmeyer.   This  Certificate  is  awarded  by  an Association of
    Government  Finance Officials from the United States and Canada and this
    is  the  10th  consecutive  year  for  Larimer  County  to  receive this
    Certificate.

    2.   MEETING  WITH MAGGIE CARTER AND RICK ZIER CONCERNING THE DEHYDRATOR
    EMISSIONS  COMMITTEE:   The Board met Maggie Carter, PR1 School District
    Facilitator,  and  reviewed  her role in negotiating the second phase of
    the  Alfalfa  Dehydrator Committee discussions.  Mr. Rick Zier, attorney
    serving  as  neutral  Chairman  thru  the first phase of this Committee,
    shared  his  insights  and  noted  their  task  was to consider the many
    concerns  voiced by all parties involved and to make recommendations for
    resolving  this  matter.   Ms.  Duvall stated that her desire is for the
    committee  to address and recognize that there is a sociological problem
    (an  agricultural  industry attempting to earn a living and residents in
    the  area  trying  to enjoy a comfortable living) and try to resolve the
    issue  so  these  two  groups  can  live  in the community harmoniously.

    Ms.  Carter presented her ideas and agenda for the meetings and outlined
    her  consensus-building  approach.  The  Board complimented Mr. Zier for
    what  he  has  accomplished  in bringing the Committee this far, and Ms.
    Duvall  expressed  appreciation  to Poudre R1 for allowing Ms. Carter to
    serve as Facilitator for this Committee.

    3.   REQUEST  FOR  APPROVAL AND SIGNATURE ON THE PERSONNEL AUTHORIZATION
    REQUEST  FORM  FOR  ONE GRANT FUNDED FULL-TIME EQUIVALENT (FTE) EMPLOYEE
    FOR  THE  HEALTH DEPARTMENT:  Ms.  Arnett informed the Board that verbal
    notification has been received from the Colorado Department of Health to
    add  1  full-time  Program  Worker  I  to  the  WIC  (Women, Infants and
    Children's  Supplemental  Food) Program effective February 1, 1993.  Ms.
    Arnett  requested  Board  approval  and  the Chairman's signature on the
    Personnel  Authorization  Request Form and noted that if the funding for
    the position is deleted, the position will also be deleted. 

    M O T I O N 

    Commissioner  Disney  moved  that  the Board approve the addition of 1.0
    grant  funded  FTE for the Health Department and authorized the Chairman
    to  sign  the  Personnel Authorization Request Form, as requested by Ms.
    Arnett. 

    Motion carried 3 - 0.   

    4.   REQUEST  FOR APPROVAL AND SIGNATURE ON THE PROGRAM YEAR 1992 SUMMER
    YOUTH-EMPLOYMENT  AND  TRAINING  PROGRAM (SUMMER OF 1993):  Mr. Gluckman
    and  Ms.  Friedman requested Board approval and the Chairman's signature
    on  the  Program  Year  1992  Summer  Youth Employment and Training Plan
    (Summer  of  1993).   Mr. Gluckman noted this Plan has been reviewed and
    approved  by  the  Larimer County Private Industry Council.  The Plan is
    similar  to  last  year's,  the  only  major  change  is  a considerable
    reduction  of  funds.   Ms.  Friedman provided an overview of the summer
    work  experience  for  the  Board,  noting that 227 youth will be served
    between  the  ages  of 14 to 21.  Ms.  Friedman also noted that Anheuser
    Busch  gives  $25,000  every year to operate "Operation Bright Side" and
    ETS  will  be  making  application  for an additional $25,000 in Federal
    dollars to be directed to youth conservation work.  

    M O T I O N 

    Commissioner  Disney  moved that the Board approve and the Chairman sign
    the  Program Year 1992 Summer Youth Employment and Training Plan (Summer
    of 1993), as requested by Mr. Gluckman and Ms. Friedman.

    Motion carried 3 - 0.   

    5.  DISCUSSION OF OLD TOWN MASTER DRAINAGE PLAN FEES: As property owners
    in downtown Fort Collins, the Board discussed and reviewed three options
    for  methods  of  payment for the Old Town Master Drainage Plan which is
    being  proposed.   Option  #1  for  a  23-Year  Improvement  Program  at
    $3,684/year County payment was recommended. 

    M O T I O N 

    Commissioner  Disney  moved  that the Board approve Option #1 for County
    participation  in  a  23-Year Improvement Program at $3,684/year for the
    Old Town Master Drainage Plan.  

    Motion carried 3 - 0.   

    6.  WORKSESSION:

    --  Increase  in  County Attorney's Retainer:  Mr. Gordon noted that for
    many  years  the County has paid the premiums for Ralph Harden's (Former
    County  Attorney)  medical  benefits.   Mr. George Hass, (Current County
    Attorney)  prefers  to  remain  with  his  firm's  health  plan  and  is
    requesting  that  the  $3,946  savings  be  added  to  the firm's annual
    retainer.   After  discussion,  CONSENSUS  OF  THE  BOARD was that these
    savings should be returned to the General Fund. 


    --  Fair  Board  Ex-Officio  Designation:  Mr.  Dave  Jones,  Fair Board
    President, requested the Board to appoint Mrs. Amelia "Babe" Chambers an
    ex-officio member of the Larimer County Fair Board. 

    M O T I O N 

    Commissioner  Disney  moved  that  the  Board appoint Mrs. Amelia "Babe"
    Chambers a non-voting associate member of the Larimer County Fair Board,
    as recommended by Mr. Dave Jones and the Fair Board.

    Motion carried 3 - 0.   

    --  Larimer  County  Public  Trustee's  Fourth  Quarter  and 1992 Annual
    Report:   The  Board  has  been asked to accept the Quarterly and Annual
    Reports  from  the  Larimer  County  Public  Trustee for 1992.  Chairman
    Hotchkiss   reviewed  the  relationship  between  the  Board  of  County
    Commissioners  and the Public Trustee, noting that the Public Trustee is
    a political appointment by the Governor.

    M O T I O N 

    Commissioner Disney moved that the Board accept the Quarterly and Annual
    Reports  for  1992  from  the  Larimer  County  Public Trustee's Office.

    Motion carried 3 - 0.   

    Subdivision and Exemption Revision Group (SERG) Task Force Appointments:
    Mr.  Legg has received many calls regarding how the SERG Task Force will
    be appointed and requested direction from the Board.  The Board directed
    Mr.  Legg and Mr. Gordon to formulate an advertisement for the position.
    The  Board  will  review  the  applications, and arrive at a balance for
    membership on the Task Force.   

    7.   DOCUMENT REVIEW: The following documents, of a routine nature, were
    considered by the Board:

    MINUTES/AGENDA  

    M O T I O N 

    Commissioner  Duvall  moved  that  the Board approve the Minutes for the
    week  of  January  25,  1993, and the Agenda for the week of February 8,
    1993, as submitted. 

    Motion carried 3 - 0.   

    M O T I O N 

    Commissioner  Duvall  moved  that the Board approve the Meadowdale Hills
    Amended  Plat,  and  the  Woodmansee Minor Residential Development Plat.

    Motion carried 3 - 0.   

    LIQUOR LICENSES: County Approval was granted to Glen Haven General Store
    -  3.2%  -  Glen Haven, CO; Aspen Lodge - 6% - Estes Park, CO; City Park
    Liquors  - 6% - Fort Collins, CO; Gasamat No. 110 - 3.2% - Fort Collins,
    CO;  Vickers #2743 - 3.2% - Loveland, CO; Best Western Coach House Motor
    Inn - 6% - Loveland, CO.

    M O T I O N 

    Commissioner   Duvall   moved  that  the  Board  approve  the  following
    documents:  

    R93-10s  FINDINGS AND RESOLUTION CONCERNING THE PLAT OF RICE MINOR  
             RESIDENTIAL DEVELOPMENT

    R93-11s  FINDINGS AND RESOLUTION CONCERNING THE PLAT OF MEHL MINOR  
             RESIDENTIAL DEVELOPMENT

    R93-12z  SPECIAL REVIEW FINDINGS AND RESOLUTION CONCERNING THE PETITION 
             OF RICHARD M. POCHE

    R93-13z  SPECIAL REVIEW FINDINGS AND RESOLUTION CONCERNING THE PETITION 
             OF CONNELL RESOURCES   

    R93-14s  FINDINGS AND RESOLUTION CONCERNING THE PLAT OF PASS MINOR  
             RESIDENTIAL DEVELOPMENT

    R93-15g  RESOLUTION CONCERNING THE MODIFICATION OF THE MILEAGE RATE FOR 
             COUNTY OFFICIALS, EMPLOYEES AND AGENTS ON OFFICIAL COUNTY  
             BUSINESS   

    Motion carried 3 - 0.   

    The meeting adjourned at 10:55 a.m. 




                                         ___________________________________
                                         COURTLYN W. HOTCHKISS, CHAIRMAN
    ( S E A L )                          BOARD OF COUNTY COMMISSIONERS  

    ATTEST: 



    _____________________________________   
    Mary R. Bloom, Deputy County Clerk  




    _____________________________________   
    Sherry E. Graves, Deputy County Clerk   

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