Elk in Rocky Mountain National Park
 

    PROCEEDINGS OF THE BOARD OF COUNTY COMMISSIONERS

    MONDAY, JUNE 7, 1993

                             ADMINISTRATIVE MATTERS 

    The  Board  of  County Commissioners met at 8:00 a.m. in regular session
    with  Bill  Gordon,  County Administrator.  Chairman Hotchkiss presided;
    Commissioner  Disney was present.  Commissioner Duvall will be attending
    the Cities in Schools Training Institute this week.  Recording Clerk, S.
    Graves. 

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

    M O T I O N 

    Commissioner  Disney  moved  that  the Board approve the Minutes for the
    week  of  May 31, 1993, and the Agenda for the week of June 14, 1993, as
    submitted.  

    Motion carried 2 - 0.   

    M O T I O N 

    Commissioner   Disney  moved that the Board approve the Eagle Lake Third
    and Fourth Filings Plat.

    Motion carried 2 - 0.   

    LIQUOR  LICENSES:  A license was issued to the End of the Trail Saloon -
    6%  WITH  EXTENDED HOURS - Loveland, Co.  County approval was granted to
    the  National Park Village North - 6% WITH CHANGE OF CORPORATE STRUCTURE
    -  Estes  Park,  CO;  National  Park Village North - 3.2% WITH CHANGE OF
    CORPORATE  STRUCTURE  - Estes Park CO; Bob's Liquor - 6% - Fort Collins,
    CO;  Glen Haven Area Volunteer Fire Dept., Inc.  with a Waive of Hearing
    for  a  3.2% SPECIAL EVENTS LICENSE AT 7484 County Road 43 Fire House in
    Glen Haven on July 3, 1993 from 10 a.m. to 11 p.m.; and Loveland Country
    Store  -  3.2%  with  a  Waive  of Hearing for a CHANGE OF OWNERSHIP for
    Whitaker  Oil  Inc.,  dba  Loveland  Country  Store, 5518 E. Highway 34,
    Loveland, CO.   

    M O T I O N 

    Commissioner   Disney   moved  that  the  Board  approve  the  following
    documents:  

    A93-109a  ADDENDUM TO THE INTERGOVERNMENTAL AGREEMENT UPPER FRONT RANGE 
              TRANSPORTATION PLANNING REGION AMONG LARIMER, WELD, AND MORGAN
              COUNTIES, CITIES OF FORT MORGAN AND BRUSH, TOWNS OF ESTES PARK,   
              HILLROSE, LOG LANE VILLAGE, WIGGINS, WELLINGTON, AULT, DACONA,
              EATON, ERIE, FIRESTONE, FREDERICK, FORT LUPTON, GILCREST, GROVER, 
              HUDSON, JOHNSTOWN, KEENESBURG, KERSEY, LOCHBUIE, MEAD, MILLIKEN,  
              NEW RAYMER, NUNN, PIERCE, PLATTEVILLE, AND SEVERANCE  
  
    A93-110a  AGREEMENT CONCERNING ROAD IMPROVEMENTS ON COUNTY ROAD 15 BETWEEN  
              THE BOARD OF COUNTY COMMISSIONERS AND DEAN R. AND LENA H. THARP   
              VARNEY (Right-of-Way - Varney (Project #194 - County Road 15) 

    A93-111  ACKNOWLEDGMENT AND AGREEMENT BETWEEN THE BOARD OF COUNTY   
             COMMISSIONERS AND WESTERN LAND AND INVESTMENT CORPORATION  
             (Eagle Lake Third and Fourth Filings)  

    C93-28   CONTRACT BETWEEN THE BOARD OF COUNTY COMMISSIONERS AND CONNELL 
             RESOURCES, INC. (Paving Contract - Project #194)   

    R93-76g  RESOLUTION OF THE LARIMER COUNTY BOARD OF COUNTY COMMISSIONERS 
             (Assistant District Attorney representing the County Clerk in  
             Defense of Civil Suit) 

    R93-77g  RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS OF LARIMER 
             COUNTY FOR OPTIONAL PREMISES LIQUOR LICENSES   

    R93-78s  FINDINGS AND RESOLUTION CONCERNING THE AMENDED PLAT OF ASHLEY  
             EXEMPTION  

    Motion carried 2 - 0.   

    The meeting recessed at 8:20 a.m.   

                                  SUBDIVISIONS  
                                  (#245 & 246)  

    The  Board  of  County  Commissioners  reconvened at 9:00 a.m. with John
    Barnett,   Director   of   Planning.    Chairman   Hotchkiss   presided;
    Commissioner  Disney  was  present.   As  noted previously, Commissioner
    Duvall  will  be  out  of town this week.  Also present were: Al Kadera,
    Subdivision  Administrator;  Carol  Evans,  Planner; Jerry White, Zoning
    Administrator;  Russ  Legg,  Development Processing Administrator; Jerry
    Blehm,   Environmental  Health;  and  Jeannine  Haag,  Assistant  County
    Attorney.  Recording Clerk, S. Graves.  

    Mr. Barnett informed the Board that the Kotin Final Plat item on today's
    agenda has been withdrawn.  

    1.   NEWELL  DEDICATION  OF  RIGHT-OF-WAY (#93-0S0276): NE 1/4 31-05-70;
          WEST OF CARTER LAKE, NORTH OF POLE HILL ROAD (6-7-93).

    This is a request to dedicate an existing privately-owned access road as
    public right-of-way.  Staff Findings include: 1) Green Mountain Road and
    the lots along this road were created before the adoption of Senate Bill
    35;  2)  To ensure that access would be available, the original property
    owner  retained  a  60-foot  parcel  that  is the right-of-way for Green
    Mountain  Road.   The  owner of this parcel would like to get rid of the
    property, but still ensure the access will not be interrupted; 3) Public
    dedication  of the right-of-way will ensure perpetual access to the lots
    along  the  road;  4)  By  accepting the dedication, the County does not
    accept  any  responsibility  for  construction  or  maintenance of Green
    Mountain Road.  
    Helen Grissom, adjacent property owner, questioned the Board about other
    options  for this road; i.e. how will the County assist in problems with
    liability,   speed   regulations,   law   enforcement,   signage,   road
    maintenance, drainage, etc.?  Mr. Kadera noted that Mr. Newell wishes to
    remove  this  road from the tax roll and yet maintain the access for the
    property  owners  on  both  sides  of  the road.  Mr. Kadera offered the
    option  of  dividing this parcel among the adjoining property owners and
    each  dedicate an easement for access.  Mr. Kadera noted that nothing is
    going to change with the acceptance of the dedication; the situation for
    the  adjacent  property  owners  is  actually  improved  from  an access
    perspective  because  they  are  not in jeopardy of losing their access.

    Staff  Recommendation is to accept the dedication of Green Mountain Road
    on  behalf  of  the  public and require the applicant to pay the cost of
    recording the resolution dedicating the right-of-way.   

    M O T I O N 

    Commissioner  Disney  moved  that the Board adopt the Staff Findings and
    Staff  Recommendation  and approve the Newell Dedication of Right-Of-Way
    (#93-0S0276),  and  recommended  the  adjacent  property  owners ask the
    Larimer County Road & Bridge Department for advice regarding maintenance
    for the public right-of-way portion of this road.   

    Motion carried 2 - 0.   

    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.  

    2.   SPRING  CANYON  HEIGHTS  4TH  AMENDED  PLAT  (#93-SA0277):  SW  1/4
          31-07-69; WEST OF THE SOUTH END OF HORSETOOTH RESERVOIR, NORTH OF 
          COUNTY ROAD 38E, WEST OF INLET BAY; 1.24 ACRES; 2 LOTS;   
          R-RESIDENTIAL ZONING (6-7-93).

    This is a request for an Amended Plat of Lots 24, 25, 26, and 31, Spring
    Canyon   Heights   Fourth   Subdivision  to  reconfigure  lot  lines  to
    consolidate  four  lots into two lots of .81 acres and .43 acres.  Staff
    Findings are:  1) Spring Canyon Heights 4th was recorded in 1969; 2) The
    proposed  Amended  Plat  would  consolidate 4 lots into 2; 3) The County
    Health  and  Engineering  Departments have reviewed the proposed Amended
    Plat  and  have  stated  no objections; 4) The utility companies serving
    this property have reviewed this request and stated their concerns or no
    objections;  5)  No additional lots are created by this proposed Amended
    Plat.   

    Staff  Recommendation  is  for  Approval of the proposed Amended Plat of
    Lots  24,  25,  26,  and 31 of Spring Canyon Heights 4th Filing with the
    following condition: Easements as required by Poudre REA.   

    3.  CARTER MINOR RESIDENTIAL DEVELOPMENT AMENDED EXEMPTION (#93-EX0278):
         SE 1/4 23-08-70; WEST OF COUNTY ROAD 27E, 1/2 MILE NORTH OF RIST   
         CANYON ROAD; 39.4 ACRES; 2 LOTS; O-OPEN ZONING (6-7-93).   
    This is a request to reconfigure lot lines without creating any new lots
    or changing existing lot sizes.  Staff Findings include: 1) Carter Minor
    Residential Development (#S-16-91) was recorded in 1991; 2) The proposed
    Amended  Plat  would  adjust  the boundary lines between the two lots in
    this  development;  3)  The  County  Health  Department has reviewed the
    request  and  stated  no  objection  to  the  proposal;  4)  The  County
    Engineering  Department has reviewed the request and commented regarding
    right-of-way  requirements  and access; 5) The utility companies serving
    this  property  have  reviewed  this proposal and requested that utility
    easements  be  provided;  6)  No  additional  lots  are  created by this
    proposed amended plat.  

    Staff Recommendation is for Approval of the proposed Amended Plat of the
    Carter  Minor Residential Development, with the following conditions: 1)
    The Final Plat must show the additional right-of-way for County Road 27E
    to  be  dedicated,  rather than reserved; 2) Accesses to County Road 27E
    for  these  lots  must meet the sight distance requirements; 3) If these
    lots will use the 34' road shown on the plat to the south of these lots,
    the applicant must submit proof of the legal right to use this road.  If
    these  lots do not have the right to use this road, that should be noted
    on  the plat; 4) The Final Plat must show utility easements as requested
    by  Public  Service  Company,  US  West,  and  West  Fort  Collins Water
    District.   The  applicant  should  contact  these  utility providers to
    address  their  specific requests for easements to be shown on the Final
    Plat.   

    4.   HIGHLAND  ACRES  SUBDIVISION  AMENDED  PLAT  (#93-SA0267):   SW 1/4
         01-08-69; HIGHLAND ACRES SUBDIVISION; 2.75 ACRES; 2 LOTS;  
         O-OPEN ZONING (6-7-93).

    This  is  a  request to relocate the existing lot line between two lots,
    without  creating  any  new lots.  Staff Findings are: 1) Highland Acres
    Subdivision  First  Filing  was platted in 1965; 2) The proposed Amended
    Plat  would  adjust  the  lot  line  between  Lots 4A and 4B of Block 1,
    Highland  Acres  Subdivision  First  Filing;  3)  The  County Health and
    Engineering Departments have reviewed the proposed Amended Plat and have
    stated  no problems; 4) The utility companies serving this property have
    reviewed  this  request  and stated no objections; 5) No additional lots
    are created by this proposed Amended Plat.  

    Staff  Recommendation  is  for  Approval of the proposed Amended Plat of
    Lots  4A  and  4B,  Block  1,  Highland  Acres Subdivision First Filing.

    5.   BAIRD-ROSEN  MINOR  RESIDENTIAL  DEVELOPMENT  (#93-EX0263):  NW 1/4
         07-04-72; PROPERTY IS BISECTED BY THE LITTLE VALLEY ROAD, 1/2 MILE 
         SOUTH OF FISH CREEK ROAD; 40.79 ACRES; 2 LOTS; E-ESTATE ZONING 
         (6-7-93)   

    This is a request for a Minor Residential Development to create two lots
    of  9.54  and  31.25 acres from a 40-acre parcel that is split by Little
    Valley  Road  (Legal Lot Appeal #92-EX0192).  Staff Findings include: 1)
    The  property  in  question is unique in that it is divided by a heavily
    traveled,  public  right-of-way  that  may be improved through a Special
    Improvement  District;  2)  The County Commissioners denied an appeal to
    declare  these  parcels  legal  lots  by  virtue of the existence of the
    Little  Valley Road, but the Board indicated that it would be acceptable
    to   proceed  through  the  Minor  Residential  Development  Process  to
    determine  if  it is appropriate to create these lots; 3) There are some
    areas  on  this  site that contain geologic and wildfire hazards.  These
    hazard  areas  can be avoided by placing building envelopes on the plat,
    which  preclude  any  construction  in  the hazard areas; 4) Conditional
    approval  of the proposed Baird/Rosen Minor Residential Developemnt will
    not   result   in   any  significant  negative  impacts  on  surrounding
    properties,  utility services, transportation facilities, or the natural
    environment.

    Staff   Recommendation   is   for  Approval  of  the  Baird/Rosen  Minor
    Residential  Development  with  the  following  conditions:  1) Building
    envelopes  shall  be  placed  on the Final Plat, which clearly avoid the
    geologic  and wildfire hazards identified on this site; 2) The following
    notes  shall  appear on the Final Plat: A) The Division of Wildlife will
    not be responsible for damage to ornamental plantings that may be caused
    by wildlife.  Fences which restrict the movement of wildlife or endanger
    wild  animals shall not be placed on the site.  Future lot owners should
    be aware of the potential danger that wild animals may cause for pets or
    other domestic animals; B) The use of wells on the site shall be limited
    to  household  use.   Outside  use  for  lawn  or  garden  irrigation is
    prohibited.  The rate of pumping is limited to 15 gallons per minute; C)
    These  lots shall be required to participate in any Improvement District
    that  may  be  formed to improve roads that serve this site.  These lots
    are  obligated  to participate if the District is organized on a per lot
    basis   rather  than  acreage,  assessed  value  or  front  footage;  D)
    Engineered  foundations  are required for any construction on this site;
    E)  The  results  of  a  radon  test  shall be submitted to the Planning
    Division before a Certificate of Occupancy is issued for any dwelling on
    this site.  The test shall be conducted after the structure is enclosed,
    but  before  occupancy  occurs;  F)  Larimer  County  Park Fees shall be
    collected  when  building permits are issued for single family dwellings
    on  this site; 3) Prior to recording the Final Plat, the applicant shall
    verify  with  the  County  Flood  Plain  Administrator that the proposed
    driveway  culvert  across  the  stream  will be adequate for anticipated
    flows in the event of a storm.  

    6.   FORT  COLLINS  TRUSS  SPECIAL REVIEW (#92-ZR0196): NE 1/4 09-07-68;
         WEST OF I-25, 1/2 MILE NORTH OF COLORADO HIGHWAY 14, NORTH OF  
         COLORADO & SOUTHERN RAILROAD; 5.05 ACRES; 1 LOT; O-OPEN ZONING;
         (6-7-93).  

    This  is  a request to allow manufacturing of wood trusses for wholesale
    business.   Staff Findings are: 1) The proposal complies with the intent
    and   purposes  of  the  Comprehensive  Land  Use  Plan,  County  Zoning
    Resolution,  and  Intergovernmental  Agreement with Fort Collins; 2) The
    proposal  is harmonious with the surrounding neighborhood, and will have
    no  effect on other properties or on property values in the area; 3) The
    proposal  will  not  impair  the  public health, welfare, prosperity, or
    safety  by creating undesirable traffic congestion, undesirable sanitary
    conditions,   overburdening   of   utilities  or  adverse  environmental
    influences  in  the area; 4) No objections to the proposed use have been
    noted by reviewing agencies.

    Staff  Recommendation is for approval with the following conditions: All
    outdoor  storage  of  equipment  and  materials  shall  occur within the
    screened storage area west of the proposed building.  The property owner
    is  responsible  for  maintaining the fence such that it is effective in
    screening  the  storage  area;  2)  The  proposed building shall have no
    reflective  exterior surfaces; color of the building shall be earthtone;
    3)  Signage shall comply with the County Sign Code; 4) Lighting shall be
    installed  such  that  it does not reflect onto adjacent properties, and
    the  light  source  shall  be  shielded  so  it  is not visible from the
    Interstate Highway; 5) Landscaping shall be installed in accordance with
    the  plan  as  approved  by  the County Natural Resources Department and
    County Planning.  Plants which do not survive one growing season must be
    replaced   by   the   next  planting  season;  6)  Compliance  with  the
    requirements  of  the  Poudre  Fire  Authority  prior  to  issuance of a
    building  permit;  7)  Present  and  future  property  owners  agree  to
    participate  in  a drainage improvement district, if one is formed which
    includes this site.  A drainage and grading plan must be provided at the
    time of building permit application; 8) Prior to submittal of a building
    permit  application,  applicant  shall  provide  evidence that an access
    permit  has  been approved by the Colorado Department of Transportation;
    9)  Landscaping  and  access  improvements  shall  be installed prior to
    application  for a building permit, or shall be covered by a developer's
    improvements  agreement,  with  adequate collateral; 10) No retail sales
    shall  occur  on  the  site;  11) Unless otherwise modified by the above
    conditions, all development and use of the site shall be consistent with
    Zoning  File Exhibit A (Application for Zoning Action dated February 15,
    1993, and development plan dated December 28, 1992. 

    7.   ALLEN  MINOR RESIDENTIAL DEVELOPMENT (#93-EX0261): SW 1/4 18-05-69;
         1/2 MILE SOUTH OF U.S. HIGHWAY 34 ON THE EAST SIDE OF COUNTY ROAD  
         23H AND WEST SIDE OF COUNTY ROAD 23E; 61.17 ACRES; 2 LOTS; 
         FA-1 FARMING ZONING (6-7-93).  

    This  is  a  request  to  divide  a  61.17  acre parcel with an existing
    residence into two lots of 55.5 acres and 5.67 acres for a single family
    dwelling  (previously reviewed in Allen Subdivision (#S-34-88) and Allen
    Minor  Residential  Development  (#S-50-91).  Staff Findings include: 1)
    The proposed land division is consistent with the requirements for Minor
    Residential  Development  contained  in  the  Larimer County Subdivision
    Resolution  concerning  the  number  of lots created, access, zoning and
    availability   of   utilities;   2)  Approval  of  the  requested  Minor
    Residential  Development,  with  certain  conditions, will not adversely
    impact  adjacent  property,  the  natural  environment,  or provision of
    services and transportation.

    Staff  Recommendation  is  for  approval  of the Allen Minor Residential
    Development  with  the  following  conditions:  1)  Tract A, the reserve
    strip,  shall be obtained and added to this property prior to recording;
    2)  Prior to recording, the applicant shall submit a signed written road
    maintenance  agreement  with the Broken Triangle Estates Home Owners and
    an agreement with the Ditch company regarding use and restriction of the
    irrigation  ditch;  3)  The  secondary  access  requested  by  the  Fire
    Department  shall  be  constructed  and  approved  prior to recording or
    approved  plans  submitted  along  with  adequate collateral.  A revised
    letter  submitted by the Fire Authority may be provided; 4) A school bus
    waiting  area  shall  be provided, or a revised letter from the Thompson
    R2J  School  District  shall  be  submitted by the applicant; 5) Utility
    easements  shall be placed 10 feet on each side of all lot lines; 6) The
    Larimer  County  Drainage Administrator shall approve the Final Plat and
    drainage  plan  prior  to recording; 7) The Final Plat shall contain the
    following  notes:   A)  Engineered  footings  and  foundations  will  be
    required  at  building  permit  application;  B)  All utilities shall be
    underground;  C) Larimer County Park Fees shall be collected at the time
    of  building permit for new residential structures; D) Identification on
    the  plat  of  the  utilities that serve the property; E) A note stating
    that  engineered  septic  systems  may  be required; F) Uses on the lots
    shall  be  restricted to single family dwellings and permitted accessory
    uses;  8)  All requirements shall be completed no later than December 6,
    1993.   

    M O T I O N 

    Commissioner  Disney  moved  that the Board adopt the Staff Findings and
    Staff  Recommendations  with  Amended  Conditions and approve the Spring
    Canyon  Heights  4th Amended Plat (#93-SA0277); Carter Minor Residential
    Development  Amended  Exemption (#93-EX0278); Highland Acres Subdivision
    Amended  Plat  (#93-SA0267);  Baird-Rosen  Minor Residential Development
    (#93-EX0263);  Fort  Collins  Truss Special Review (#92-ZR0196); and the
    Allen   Minor  Residential  Development  (#93-EX0261);  each,  with  the
    conditions as outlined above.   

    Motion carried 2 - 0.   

    8.   LAWSON APPEAL (#93-=S0280): LOCATION 23-08-71; NORTH SIDE OF COUNTY
         ROAD 52E, ABOUT EIGHT MILES WEST OF BELLVUE; O-OPEN ZONING (6-7-93)

    This  is  a  request to appeal the amended Minor Residential Development
    regulations to allow the division of a parcel that was created after May
    5,  1972, and is located west of Range 69 West.  Staff Findings include:
    1)  On  February  1, 1993, the Board of County Commissioners amended the
    Minor  Residential  Development Regulations to prohibit applications for
    Minor  Residential  Developments  in  the area of Larimer County west of
    Range  69.   The  property  in  question  is located in Range 71; 2) The
    difficulties experienced by the property owner appear to be self-imposed
    by  the  construction  of  additional dwelling units without appropriate
    building  permits;  3)  There  does  not appear to be anything unique or
    different  about  this  property that would distinguish it from other 40
    acre  parcels  in  the  immediate  area;  4)  Until the County appointed
    committee has an opportunity to review the Minor Residential Development
    process,   it   would  be  inappropriate  to  proceed  with  this  Minor
    Residential Development application.  Staff Recommendation is for Denial
    of the Lawson Minor Residential Development Appeal. 

    Mr.  Lawson, the applicant, provided a brief history of the property and
    stated  this  request for appeal is to remedy and legalize the situation
    as  it  now  exists  by  allowing  him  to make application thru the MRD
    process  as  it existed before February 1, 1993 (a process he started in
    good  faith  in  August  1992).   Mr.  Lawson noted that the property in
    question  is already regarded as two parcels by the Assessor's Office as

    two  tax  notices are always received and separate services are provided
    to both these lots and facilities.  

    M O T I O N 

    Commissioner Disney moved that the Board approve the right of Mr. Lawson
    to  proceed  with  his  application for a Minor Residential Development.

    Motion carried 2 - 0.   

    9.   JENKS  MINOR RESIDENTIAL DEVELOPMENT (#92-EX0187): NW 1/4 26-06-70;
         EAST SIDE OF COUNTY ROAD 27 TWO MILES SOUTH OF MASONVILLE; 
         35.09 ACRES; 3 LOTS; O-OPEN ZONING (6-7-93).   

    This  is a request to divide a 35 acre parcel into three lots of 10, 10,
    and  12.5 acres for single family dwellings, and a fruit sales business.
    Ms.  Evans  reviewed  the project and area description and technical and
    regulatory  issues.   Ms.  Evans submitted a letter received last Friday
    from  the  applicant's  attorney  requesting  that the fruit business be
    allowed  to  continue  even  though  the  requirements for MRD include a
    restriction  that  uses  are  limited  to single family residential; but
    noted  that  the  applicant will discontinue the business if that is the
    single  issue  for not granting this request.  Ms. Evans stated that the
    Staff  is  recommending  denial  of  this  application  because  of  the
    potential  negative  impacts  on  both quarry operations from additional
    residences  and  on  residences because of the quarries.  Staff Findings
    include:  1)  The  proposed  Jenks  Minor Residential Development is not
    consistent  with  the requirements for Minor Residential Developments as
    contained  in  the  Larimer County Subdivision Resolution concerning the
    permitted  uses  on  these  lots.   It  is  consistent with requirements
    concerning the number of lots created, lot size and access; 2) There are
    existing  stone quarries in this area and a fruit sales business on this
    property;  3)  The proposed Jenks Minor Residential Development does not
    appear  to  be  compatible  with  existing  land  uses  in  the area, or
    consistent  with  the  Comprehensive  Plan in regard to "protecting" the
    existing  uses  from  encroachment  of  incompatible uses; 4) The County
    Health and Engineering Departments, Loveland Fire District, Arkins Water
    Association,  and  other interested agencies and County Departments have
    reviewed  the  request  and  stated  no  objections  as  long as certain
    conditions  are met; 5) Approval of the proposed Jenks Minor Residential
    Development  would  create  additional residential lots in an area where
    existing  stone quarries are operating, resulting in negative impacts on
    both the quarry operations and on the residential lots. 

    Peter  Schoon,  attorney  representing  the  client,  submitted  several
    exhibits  including a map of the area showing the number of MRD's in the
    area.   Mr. Schoon noted this is not a re-zoning issue; the applicant is
    meeting  all  the  regulations  and  is entitled to have the application
    granted.  Mr. Schoon referred to a letter from Poudre Valley REA stating
    they  are  ready, willing, and able to serve all electrical loads within
    this service territory.  Mr.  Nick Jenks, applicant, addressed the Board
    and  referring  to  the  map  noted there are 15 subdivisions within the
    district and approximately 238 lots; growth has been consistent thru the
    80's  and  noted  that  creation  of  this MRD will not create a traffic
    problem.  Mr. Jenks restated that this proposal meets the MRD guidelines
    and  requested  approval  from  the  Board.   Mr.  Lowell Keup, adjacent
    property  owner,  expressed his objections to this proposal but supports
    the continuation of the fruit business. 

    M O T I O N 

    Commissioner  Disney  moved  that  the  Board  approve  the  Jenks Minor
    Residential  Development, with the discontinuance of the fruit business,
    and directed Staff to submit new findings and conditions within ten (10)
    days,  and a note be placed on the final plat advising all future owners
    of  these  properties  that  quarry  operations  do  exist  in the area.

    Motion carried 2 - 0.   

    10.   LONG'S  PEAK  INN  SPECIAL  REVIEW  (#92-ZR0198):  E 1/2 27-04-73;
          WEST SIDE OF STATE HIGHWAY 7, ONE MILE NORTH OF THE BOULDER   
          COUNTY LINE; 80.9 ACRES; 2 LOTS (6-8-93). 

    This  is a request for a camp and conference center.  Mr. White provided
    the project description and stated that the Salvation Army Intermountain
    Division  acquired  the  High  Peak property in 1987 and received County
    approval  of  a  Special  Review  to  be  developed  as a youth camp and
    conference  center.   In  1991, the Long's Peak Inn was acquired and the
    Salvation Army is now requesting approval of a Master Plan for long-term
    development  and  use  of  both  properties.   Mr. White stated that the
    Salvation Army and its planning consultant have done an excellent job of
    planning for future development and use of the properties and the latest
    plan  submitted  has  resolved  most of the concerns and issues; the one
    remaining  issue  of  concern  is the proposed development of a new road
    across  the  northern  portion  of  the  property.   Several  letters of
    opposition  were  received before the plan was revised and most of their
    concerns  have  been  resolved.   Staff  Findings  are:  1) The proposal
    complies  with  the  intent  and  purposes  of  the Comprehensive Zoning
    Resolution  and  the  Comprehensive  Land  Use  Plan; 2) The proposal is
    harmonious  with  the surrounding neighborhood, and will have minimal or
    no  impact  on the surrounding neighborhood or on property values in the
    area;  3)  The  proposal  will  not  impair  the public health, welfare,
    prosperity,  or  safety;  4) Recommendations from reviewing agencies are
    generally  favorable  to the proposed request; 5) Approval of the Long's
    Peak  Special  Review will not alter or modify the Conservation Easement
    in any way. 

    The  Planning  Commission/Staff  Recommendation  is  for approval of the
    request for Special Review, with the following conditions: 1) The Long's
    Peak   Camp   entrance   shall   be  improved  in  accordance  with  the
    recommendations   of  the  Colorado  Department  of  Transportation,  as
    outlined  in their letter of March 30, 1993; roads shall be designed and
    built according to County standards; 2) Reservation of an additional 35'
    of  right-of-way  where the subject property abuts Highway 7; 3) Grading
    and  drainage plans shall be provided prior to any on-site construction.
    The  plan  must  provide  for detention of surface runoff to preclude an
    increase in the historical rate of runoff onto the Highway right-of-way;
    4) Applicant shall provide a landscaping plan for review and approval by
    the  County  Forester;  the  plan shall provide that no trees be planted
    within the Highway right-of-way, and no landscaping installed which will

    affect  visibility  of motorists; 6) This approval is limited to the use
    of the properties for non-profit functions; 7) Outdoor lighting shall be
    installed such that the light is shielded and directed downward, and the
    light source is not visible from off-site; 8) Outdoor evening activities
    at the Camp and Conference Center will be limited to functions which are
    relatively  inactive  and  consider the nightfall desire for calm in the
    areas  surrounding  the  property.   Activities  involving  athletic  or
    competitive  events or outdoor musical presentations will not take place
    after  nightfall;  9)  New  electric  and  telephone facilities shall be
    installed underground where possible; 10) Fences, where needed, shall be
    designed  to  protect  wildlife and will be installed after consultation
    and  concurrence  of  the  District  Wildlife  Manager  of  the Colorado
    Division of Wildlife; 11) Compliance with requirements of the Army Corps
    of  Engineers  for any disturbance within the wetland areas; 12) Garbage
    containers  shall  be  bear-proof.  Fence design and placement should be
    coordinated with the Colorado Division of Wildlife to minimize impact on
    wildlife;  13) Salvation Army shall implement the recommendations of the
    Colorado  State  Forest  Service  for  wildfire  hazard  mitigation,  as
    outlined  in  their  letter  of  March 8, 1993; 14) Public access to the
    Storm  Pass Trail shall not be restricted; 15) Unless otherwise modified
    by  the  above  conditions,  all  development  and  use  of  the subject
    properties  shall  be consistent with Zoning File Exhibit A (Special Use
    Review  Submittal  dated February 16, 1993, and Schematic Plan Map dated
    May 4, 1993; 16) Shake shingles will not be allowed.

    Mr.  Blehm noted that a very good water and sewer system is proposed for
    the  camp.  Kevin Schanks, representative for the Salvation Army, voiced
    agreement  with  all  the  Planning  Commission  recommendations.   Glen
    Porsak,  adjacent property owner, submitted for the record a copy of the
    conservation  easement  for  this  site and the resolution passed by the
    Board  in 1991 protecting this easement.  Mr. Porsak requested the Board
    to add a condition, if this item is approved, that the easement will not
    be  altered in any way, in order to preserve the spectacular view of the
    meadow  and  Long's  Peak.   Ms.  Haag  stated  that  recognition of the
    conservation  easement  can  be  included in the Findings and noted that
    approval of this development plan will not alter or modify the easement.
    Bob  Irvin,  President  of  the  Tahosa  Valley Landowner's Association,
    indicated  approval  of  the  modifications made to this plan and voiced
    approval  of  this request; however, he does disagree with the condition
    regarding  fencing.   Russ Dunbar expressed approval of this development
    plan.  It was emphasized that Columbine Road is still intended to be the
    primary  road.   Commissioner  Disney recommended that the conditions be
    amended to state that shake shingles not be allowed.

    M O T I O N 

    Commissioner  Disney  moved  that the Board adopt the Staff Findings and
    the  Planning Commission/Staff Recommendation and Amended Conditions and
    approve  the  Long's  Peak  Inn Special Review, with the addition to the
    Findings  that the Conservation Easement will not be altered or modified
    in any manner at anytime in the future. 

    Motion carried 2 - 0.   

    11.   FOX  HILLS  PLANNED  UNIT  DEVELOPMENT  AND REZONING (#93-MS0272):
          SW 1/4 33-07-69; SOUTH SIDE OF COUNTY ROAD 38E, 1/2 MILE WEST OF  
          HORSETOOTH (COUNTY ROAD 38), NORTH OF WESTRIDGE ESTATES; 19.9 
          ACRES; 31 LOTS; FA-1 FARMING/UGA ZONING EXISTING  (6-7-93)

    This  is  a request for a Master Plan, Preliminary Plat, and Rezoning to
    divide  19.9 acres into 31 lots of .25 acres to .39 acres with 6.4 acres
    of open space (32%) for single family dwellings; and to rezone from FA-1
    Farming/Urban  Growth Area to R-Residential/Urban Growth Area.  Mr. Legg
    reviewed  the project and area description and noted that the UGA Review
    Board  and Larimer County Planning Commission both recommended unanimous
    approval  of  this request.  Staff Findings are: 1) The proposed Planned
    Unit  Development  with  its  significant  concentration of Private Open
    Space  is  consistent  with  the Amended Foothills Plan designation, the
    Planned Unit Development Resolution, and with the proposed R-Residential
    Zoning  of  the  site;  2)  The  proposed  Planned Unit Development is a
    transitional land use from the low density development to the west which
    as   a  Minor  Residential  Development  does  not  have  to  meet  full
    subdivision  requirements  or  Urban Growth Area density guidelines, the
    development to the south which is outside the Urban Growth Area, and the
    higher  density  development  to  the  north,  such  as  the Springfield
    Subdivision;  3)  Approval  of  the  proposed  Fox  Hills  Planned  Unit
    Development,  with  the  following  conditions,  will  not result in any
    significant  negative impacts on surrounding property, utility services,
    transportation facilities, or the natural environment.  

    Staff  Recommendations  are for Approval of the Master Plan for Fox Hill
    Planned  Unit  Development, with the following conditions: 1) The Master
    Plan  will  expire June 7, 1998, unless the Final Plat has been recorded
    for  the  development;  2)  All future submittal shall be in conformance
    with  the approved Master Plan as conditioned by this approval; Approval
    of  the  Waiver  to the 1/6 contiguity requirement and the off-site road
    requirements  of  the Urban Growth Area; and Approval of the Preliminary
    Plat   for  Fox  Hills  Planned  Unit  Development  with  the  following
    conditions:  1)  The Final Plat shall be completed in strict conformance
    with  the  conditionally approved Preliminary Plat, including all notes;
    2)  All  concerns of the reviewing agencies, and specifically the County
    Engineer,  the  County  Drainage  Administrator,  the Poudre Valley Fire
    Authority,  and  the  utility  districts  shall be addressed by approved
    construction  plans,  approved cost estimates and appropriate collateral
    prior  to  scheduling  the  Final Plat approval with the Board of County
    Commissioners; 3) Final Plat documents shall include an over lot grading
    plan  and  a  reseeding  plan,  calculations for sizing of the detention
    ponds and a final landscape plan.  Collateral shall include installation
    of   the   landscaping   material,   irrigation   systems,  and  erosion
    control/dust  control  plans;  4) Internal subdivision roads and Red Fox
    Drive  shall be constructed to full Larimer County Urban Standards, with
    underground  utilities  and  street  lights;  5) Covenants shall require
    earth-tone   colors   in   buildings   and  roofs,  address  maintenance
    responsibilities  of the common elements, and restrict fences; 6) School
    Fees  of  $8  per  lot  shall be collected with the Final Plat and a $25
    Recording  Application  Fee  shall  be  paid; 7) An annexation agreement
    shall  be  signed  and  recorded  as  required  by the Intergovernmental
    Agreement  with  Fort Collins; 8) The applicant shall meet with the City
    of  Fort  Collins Staff in order to study the feasibility of providing a

    public  trail  system  through this site or the site to the east for the
    purposes  of  connecting by trail County Road 38E with the proposed City
    Natural   Areas  acquisition  on  the  south  and  east.   Documentation
    regarding  this  effort  shall  be  submitted  with  the  Final Plat; 9)
    Additional pedestrian pathways shall be added to the Final Plat in order
    to  access  open space Tract B.  All pedestrian pathways shall be paved,
    construction plans provided and approved by County Engineering and costs
    included  in  the Subdivision Improvements Agreement.  Open space tracts
    shall  be  labeled  as  non-building  areas  on  the  Final  Plat; 10) A
    full-service   secondary   access  shall  be  constructed,  right-of-way
    obtained, plans approved by the City of Fort Collins and Larimer County,
    and the costs included in the Subdivision Improvements Agreement for the
    1st  phase  of  this development.  The Final Plat shall not be scheduled
    until  these  plans  are  approved.   The  residential  sprinkler system
    requirement  of  the  Fire Department may be eliminated upon approval of
    the  secondary access plans; 11) The following notes shall appear on the
    Final  Plat:  A)  Engineered  foundation plans shall be required for all
    construction  on this site; B) The Larimer County Park and Drainage Fees
    (as  calculated  by  the applicant's engineer) shall be collected at the
    building  permit  stage; C) Side yard set-backs shall be denoted on lots
    adjacent  to  Red  Fox  Drive;  D)  The results of a radon test shall be
    submitted  to  the Planning Department before a Certificate of Occupancy
    is  issued  for any individual residential structure on the site; E) All
    driveway  accesses  shall  be limited to internal subdivision roads, not
    Red  Fox Drive; 12) The Final Plat shall indicate that the open space is
    a  blanket  utility easement.  Fifteen (15) foot utility easements shall
    be  placed  adjacent to all lot lines and roads; 13) The applicant shall
    be  required  to  notify  the  Assessor when the Final Plat is recorded.
    This notification is required by State Statute and is intended to ensure
    that  the  open space tract value is pro-rated among the lots to avoid a
    separate tax bill for open space.  This notification shall be in writing
    and  include  a  copy of the Final Plat as recorded.  The applicant will
    need  to  submit quit-claim deeds for the open space tracts deeding them
    to the established Home Owners Association.  Such deeds will be recorded
    with  the  Final Plat; 14) The applicant shall pay the $700 per lot road
    fee prior to recording; 15) The off-site waiver shall be approved by the
    City of Fort Collins prior to recording.

    Don Hahn, representing Springfield Development, indicated agreement with
    the Staff recommendations and amended conditions.   

    M O T I O N 

    Commissioner  Disney  moved  that the Board adopt the Staff Findings and
    Staff/Planning  Commission  Recommendations  with Amended Conditions and
    approve  the Fox Hills Planned Unit Development and Rezoning and approve
    the Waiver to the 1/6 contiguity requirement of the UGA.

    Motion carried 2 - 0.   

    12.   TOM  ADAMS ALLEGED BUILDING VIOLATION: 1820 HAASE COURT, BERTHOUD,
          COLORADO  

    This  alleged violation is for occupying a double-wide manufactured home
    without  approved  inspections.   Mr.  Anderson  provided the background
    information  and  reviewed the major issues and concerns.  Mr. Adams was
    not  present  for  today's  hearing.  Staff Findings are that the double
    wide  mobile home is occupied by Tom Adams without approved inspections.
    Staff  Recommendation  is  to  find  that  a  violation  exists, require
    compliance  within 30 days, and authorize legal action if the compliance
    deadline is not met.

    M O T I O N 

    Commissioner  Disney  moved  that the Board adopt the Staff Findings and
    Staff  Recommendation  and  find  that  a violation exists at 1820 Haase
    Court,  Berthoud,  CO., require compliance within 30 days, and authorize
    legal action if the compliance deadline is not met. 

    Motion carried 2 - 0.   

    13.  ITEM NOT ON THE AGENDA:

    Mr.  Barnett  recommended that the Board appoint Mr. Wilbur Coyle to the
    Subdivision and Exemption Review Group Task Force.  

    M O T I O N 

    Commissioner Disney moved that the Board appoint Mr. Wilbur Coyle to the
    Subdivision and Exemption Review Group Task Force, as recommended by Mr.
    Barnett.

    Motion carried 2 - 0.   

    The meeting adjourned at 11:05 a.m. 




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


    ATTEST: 





    _____________________________________   
    Sherry E. Graves, Deputy County Clerk   

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