Larimer County Offices, Courts & District Attorney are closed Friday, July 3 for Independence Day
Landfill, Hazardous Waste and Recycle Center are open Friday, July 3 but closed Saturday, July 4
Landfill Business Office are closed July 3 & 4 Critical services at Larimer County will not be disrupted by this closure.
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