PROCEEDINGS OF THE BOARD OF COUNTY COMMISSIONERS

MONDAY, JUNE 20, 1994

SUBDIVISIONS

(#60 & #61)

The Board of County Commissioners met at 9:00 a.m. in regular session with Russ Legg, Senior Planner. Chair Duvall presided; Commissioners Disney and Hotchkiss were present. Also present were: Al Kadera, Subdivision Administrator; Carol Evans, Planner; Rex Burns, Engineering; Jerry Blehm, Environmental Health; and Jeannine Haag, Assistant County Attorney. Recording Clerk, S. Graves.

Mr. Burns informed the Board that the Sipes Minor Residential Development (#94-EX0469) has been withdrawn by the applicant; and the applicants for the Replat of Lot 20, Buckskin Heights 1st have requested this item be tabled until December 5, 1994 to allow time to resolve a technical issue. As several adjacent neighbors were present to speak in opposition to this matter, the Board decided to proceed with the hearing as advertised.

1. REPLAT OF LOT 20 BUCKSKIN HEIGHTS 1ST (#94-SU0459):

S 1/2 33-07-70; 5 MILES NORTH-NORTHWEST OF THE INTER-

SECTION OF COUNTY ROAD 38E AND COUNTY ROAD 27;

26.87 ACRES; 2 LOTS; O-OPEN ZONING (6-20-94).

This is a request for a Preliminary Plat to divide Lot 20 of Buckskin Heights 1st Filing into two lots of 10.03 and 16.84 acres for single family residential uses. Mr. Kadera described the location, provided the background for this request, and reviewed the major issues and concerns. Staff Findings include: 1) Buckskin Heights was platted in the early 1970's and includes 60 lots on about 1,000 acres; 2) The proposed Replat is consistent with the zoning of the site and with existing development in the area; 3) The State Engineer has indicated that a well permit for the new lot will not be issued until a plan for augmentation is approved. Such a plan has not been submitted and State Statute prohibits the approval of subdivision lots without a proven reliable source of domestic water; 4) Access to this area does not meet current standards; 5) Soils and slopes in this area indicate the need for engineered septic systems. If 30% of the lots in a subdivision need engineered septics, the applicant is required to obtain site approval from the State Health Department. Well permits are generally not granted when non-discharging septic systems are utilized. The Staff/Planning Commission Recommendation is for Denial of the Replat of Lot 20, Buckskin Heights.

James Burry, adjacent property owner, read a prepared statement noting that the seven landowners which border this property are objecting to the approval of this request. Paul Wong also voiced his objections, noting that many untruths have been spoken by the applicant in the past and he has misused his well permit by watering livestock, which is not permitted. Discussion followed.

M O T I O N

Commissioner Hotchkiss moved that the Board adopt the Staff Findings and Staff/Planning Commission Recommendation and deny the Replat of Lot 20 Buckskin Heights 1st (#94-SU0459).

Motion carried 3 - 0.

Mr. Legg stated that the following are Consent Items and will not be discussed in detail unless requested by the Commissioners or members of the audience.

2. GLACIER VIEW MEADOWS REZONING (#94-ZN0445): SE 09-09-72;

NE 16-09-72; ON SOUTH SIDE OF COUNTY ROAD 74E; E-ESTATE,

O-OPEN ZONING (6-20-94).

This is a request to rezone from E-Estate and O-Open to RE-Rural Estate. Staff Findings are: 1) The property included in the Glacier View Meadows Master Plan was rezoned in 1973 and 1978; the westerly portion of the planning area was zoned E-Estate; 2) The Board of County Commissioners approved a Replat of a portion of Glacier View Meadows Third Filing to accommodate the construction of a road to serve a large, unplatted area. The applicant agreed to apply for rezoning as a condition of the Replat approval; 3) The intent of the proposed Rezoning is to limit the potential development that might be served by the North Rim Road; 4) The RE-Rural Estate Zoning District permits all the land uses that might be reasonably expected in this area, but required a minimum lot size of ten acres; 5) To rezone this area would be in the best interest of Larimer County and the property owners in this area. The Staff/Planning Commission Recommendation is for Approval of the Rezoning from E-Estate and O-Open to RE-Rural Estate.

3. POPE MINOR RESIDENTIAL DEVELOPMENT (#94-EX0466):

NW 1/4 32-08-69; NORTH SIDE OF COUNTY ROAD 50E (BINGHAM

HILL ROAD), 1/2 MILE WEST OF COUNTY ROAD 21 (OVERLAND

TRAIL); 17.88 ACRES; 2 LOTS; FA-FARMING ZONING (6-20-94).

This is a request to divide a 17.88 acre parcel with one existing dwelling into 2 lots of 4.6 and 13.2 acres for single family residential use. Staff Findings include: 1) The proposed Pope MRD meets the criteria established for Minor Residential Developments; it is in compliance with the zoning minimum lot size requirements; 2) The LaPorte Area Planning Advisory Committee reviewed this request and found it to be in general conformance with the LaPorte Area Land Use Plan; 3) Approval of the Pope MRD, with certain conditions, should not result in any significant negative impacts on provision of services and transportation, on adjacent property or on the natural environment.

Staff Recommendation is for Approval of the Pope MRD, with the following conditions: 1) The access easement for these lots must have a minimum 40' width provided on the Final Plat; 2) The existing driveway must be reconstructed to the minimum emergency access standards which require an all-weather road (road base surfacing) at least 20' in width. A turnaround must be provided with a minimum 80' diameter (per Poudre Fire Authority requirements). Reconstruction plans must be approved by County Engineering prior to recording the Final Plat. No combustible construction shall be allowed until reconstruction of the access is completed and approved by County Engineering; 3) Dedication of an additional 5' for Bingham Hill Road along the frontage of this property shall be required to provide a half right-of-way of 35'; 4) Utility easements, as requested by the service providers, must be included on the Final Plat. Public Service Company has indicated that the utility line shown on the sketch plan is not accurate; a field locate must be done and easements provided as requested. All easements and rights-of-way of record must be shown on the plat, including easements and right-of-way for the irrigation ditches; 5) The following notes shall be included on the Final Plat: A) Payment of Larimer County Park Fees will be required at building permit issuance for new single family dwellings; B) Engineered footings and foundations will be required for all construction on these lots; C) Results of a radon gas test, conducted in new single family dwellings after the structure is enclosed, must be submitted to the Planning Department prior to issuance of a Certificate of Occupancy; D) Use of these lots is limited to single family residential and accessory use only; E) Many types of wildlife use this area, including deer, coyotes, fox, raccoons, skunks and raptors. Lot owners should be aware that there may be conflicts between wildlife and humans/domestic animals; 6) School Fees shall be paid prior to the recording of the Final Plat; this fee is $8 for the vacant lot; 7) Prior to recording the Final Plat, the applicant must determine which of the fire protection options will be used. If a hydrant will be used, installation shall be completed prior to recording the Final Plat. If sprinkler systems will be used for fire protection, then that requirement must be noted on the Final Plat; 8) All conditions of approval must be completed and the Plat recorded by December 20, 1994 or all approvals are null and void.

4. AVIARY SUBDIVISION EASEMENT VACATION (#94-0S0491):

28-05-69; SOUTH OF COUNTY ROAD 18, EAST OF COUNTY ROAD

21, SOUTHEAST OF LOVELAND; FA-FARMING ZONING (6-20-94).

This is a request to vacate a 30-foot access easement on the east end of Aviary Subdivision. Staff Findings are: 1) Aviary Subdivision was approved in 1977 and included an access easement along the east lot line of Lot 5; 2) There does not appear to be a need for the access easement since no road has been constructed on the easement; 3) The Loveland Fire Prevention Bureau and all utilities serving this area have reviewed the request to vacate the easement and no objections were noted; 4) The County Engineer reviewed this request and stated no objections.

Staff Recommendation is for Approval of the request to vacate the access easement along the east lot line of Lot 5, Aviary Subdivision with the following conditions: 1) The applicant shall submit a written legal description of the easement being vacated. The description shall be signed and sealed by a licensed surveyor; 2) The 60 foot right-of-way for Wild Bird Drive shall remain in its entirety; 3) The temporary turn around easement at the east end of Wild Bird Drive shall remain in place. The turn around easement has a 100 foot radius measured from the northeast corner of Lot 5.

M O T I O N

Commissioner Disney moved that the Board adopt the Staff Findings and Staff/Planning Commission Recommendations and approve the Glacier View Meadows Rezoning (#94-ZN0445); Pope Minor Residential Development (#94-EX0466); and the Aviary Subdivision Easement Vacation (#94-0S0491); each, with the conditions as outlined above.

Motion carried 3 - 0.

5. PARAGON ESTATES (#93-SU0360): NE 1/4 18-06-68; SOUTHWEST

CORNER OF THE INTERSECTION OF COUNTY ROAD 34 AND

COUNTY ROAD 11; 57.6 ACRES; 25 LOTS; FA-1 ZONING (6-20-94).

This is a request for a Master Plan and Preliminary Plat to divide 57.6 acres into 25 lots ranging in size from 0.66 acres to 4.77 acres for single family residential lots and 17.90 acres of open space. Mr. Legg provided the background information and reviewed the major issues and concerns regarding this request and stated that the applicant has significantly modified the original proposal as a result of concerns raised at Concept Technical Review regarding the Fossil Creek drainage way and the wetlands associated with the project. Mr. Legg noted that there are still unresolved issues regarding transportation and, based on the comments received from the City of Fort Collins and the ongoing Transportation Study, he recommended additional conditions be added relating to transportation issues and require a note being placed on the Plat that a trail be included on the south side of the project. The proposed Staff Findings include: 1) Paragon Meadows Planned Unit Development is in conformance with adopted plans for the rural non-farm and the zoning of the property; 2) The City of Fort Collins has commented on the revised proposal; 3) Approval of Paragon Meadows Planned Unit Development, with the conditions noted below, will not have a negative impact on transportation systems, wildlife, property values or utility systems.

Mr. Burns addressed the transportation concerns and noted that with reference to the suggestion that an access from Trilby Road (CR34) to this project be provided, the applicant has provided data and documentation from his traffic engineer noting that the entrance from CR 11 will be satisfactory; after reviewing the data, Mr. Burns concurs. Also, the applicant has offered to pave CR34, and the guidelines for this paving have been preliminarily accepted by the County, and should be included as a condition of approval.

Jim Sell, representing Paragon Point Partners, presented a slide show to the Board showing the proposed development and site location; Engineer Steve Humann stated there are sufficient water rights for irrigation. David Lauer, designated candidate for District #1 Commissioner's seat, cautioned the Board to be cognizant of the impact and long-term effect on wildlife, endangered species, and the wetlands when making their decision. Discussion followed; Chair Duvall expressed her concern of the leap frog development from the City beyond paved roads, contiguous development, and setting a precedent; she would like to see a phasing kind of plan moving out from the City in a logical fashion and have development occur as services can be provided. Commissioner Hotchkiss noted that this area is going to develop and this is a quality development and north of the Corridor which the County is trying to protect as open space; Commissioner Disney noted he shares the concern of leap frog development and expressed his view that Larimer County is "walking down the same road as southern California". Chair Duvall agreed; however, she noted that the Commissioners can make decisions regarding which order development takes place and if it is outpacing the County's ability to provide services, then the Board can justify turning down proposed developments.

M O T I O N

Commissioner Hotchkiss moved that the Board adopt the Staff Findings and Staff/Planning Commission Recommendation and approve the Paragon Estates Planned Unit Development, with conditions as amended and modified below.

Motion carried 2 - 1; Chair Duvall dissenting.

The Staff/Planning Commission Recommendations are for Approval of the Master Plan for Paragon Meadows, with the following condition: 1) The Master Plan will expire in five years on June 20, 1999; and Approval of the Preliminary Phase Plan with the following conditions: 1) The Final Plat shall be submitted in strict compliance with the approved Preliminary Plat and these conditions: 2) A report shall be submitted with the Final Plat which examines the current and proposed water pressure in the areas. The Final Plat will not be approved if the water pressure is not adequate in the areas for domestic water purposes and for urban level fire protection; 3) Only one access shall be permitted on to County Road 11. A road impact fee, as defined by the County Engineer, shall be paid at the time of Final Plat recording; and a deceleration lane shall be provided, as required on CR 11; 4) The street name "Webster Court" shall be changed to a name that does not duplicate existing street names; 5) The following notes shall appear on the Final Plat: A) No direct access from the lots to County Road 11 and County Road 34 shall be permitted; B) Larimer County Park Fees shall be collected; C) Engineered footings and foundations shall be required; D) Results of radon tests shall be submitted prior to issuance of Certificate of Occupancy permits; E) The property immediately to the south of Paragon Meadows may be the site of a future Fossil Creek trail; F) Noise and dust from County Road 34 may at times occur. Paving and improvements of County Road 34 are not currently planned by Larimer County; G) Drainage fees are required; H) Internal subdivision roads shall not be County maintained. Notes shall be placed on the Plat and Covenants, approved by the County Attorney, shall reflect the status of the roads; 6) A landscape plan for the lots adjacent to the Fossil Creek floodplain will be provided to the City of Fort Collins for comments prior to Final Plat submittal; 7) Streets and sidewalks shall be constructed to urban level standards. County Road 34 shall be paved from the railroad tracks east to County Road 11. Plans shall be approved by the County Engineer; 8) All comments from the Poudre Fire Authority, the County Engineer, and the Corp. of Engineers shall comply with the plan, document or agreement prior to Final Plat approval; 9) The applicant shall contact the Thompson R2-J School District prior to Final Plat submittal for the purpose of coordinating and providing a safe and adequate school bus pick up area; 10) A dust and trash mitigation plan shall be submitted with the Final Plat and included in the Subdivision Improvements Agreement; 11) An agreement shall be recorded prohibiting access from the property to the south directly onto County Road 11; 12) The applicant will be asked to dedicate a sufficient half right-of-way for a functional classification of an arterial for CR 11.

6. REQUEST FOR APPROVAL OF FINAL PLATS AND SUBDIVISION IMPROVEMENT AGREEMENTS AND ADDENDUMS:

M O T I O N

Commissioner Hotchkiss moved that the Board approve the Amended Plat of Lots 5 & 6 of the Glacier View Meadows Subdivision, the Final Plat for Fox Hills P.U.D., the Final Plat for the Lindholm Minor Land Division, and the Final Plat for Wildflower Ridge P.U.D., and authorize the Chair to sign same.

Motion carried 3 - 0.

M O T I O N

Commissioner Hotchkiss moved that the Board approve the Subdivision Improvement Agreement and Addendum for Glacier View Meadows and the Subdivision Improvement Agreement and Addendum for Fox Hills PUD, and authorize the Chair to sign same.

Motion carried 3 - 0.

A94-109 SUBDIVISION IMPROVEMENT AGREEMENT AND

ADDENDUM BETWEEN THE BOARD OF COUNTY

COMMISSIONERS AND HIDDEN CANYONS LLC

(Amended Plat of Glacier View Meadows Subdivision - Lots 5 & 6)

A94-110 SUBDIVISION IMPROVEMENT AGREEMENT AND

ADDENDUM BETWEEN THE BOARD OF COUNTY

COMMISSIONERS AND SPRINGFIELD SUBDIVISION

SIXTH FILING JOINT VENTURE (Fox Hills PUD)

M O T I O N

Commissioner Disney moved that the Board approve the Agenda for the week of June 27, 1994, as submitted.

Motion carried 3 - 0.

-- Chair Duvall requested approval from the Board to authorize the expenditure of up to $7,000 to hire Maggie Carter to act as Facilitator for the neighborhood meetings to discuss the Graves Proposal and the Northeast Neighborhood Coalition; CONSENSUS OF THE BOARD was to agree to this request.

The meeting adjourned at 10:55 a.m.



_______________________________________

JIM DISNEY, CHAIR PRO-TEM

BOARD OF COUNTY COMMISSIONERS

ATTEST:

( S E A L )


________________________________________

Sherry E. Graves, Deputy County Clerk

June 20, 1994