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PROCEEDINGS OF THE BOARD OF COUNTY COMMISSIONERS

MONDAY, NOVEMBER 6, 1995

LAND USE PLANNING MEETING

(#395)

The Board of County Commissioners met at 3:00 p.m. in regular session with Jerry White, Zoning Administrator. Chair Disney presided; Commissioners Clarke and Duvall were present. Also present were: Gayle Morgan, Planning Staff Services Manager; Richael Michels, Planner I; Rob Helmick, Planner II; Al Kadera, Subdivision Administrator; Harry Lynam, Project Engineer; Doug Ryan, Environmental Planner; and Jeannine Haag, Assistant County Attorney. Recording Clerk, S. Graves.

1. SELECTION OF SEARCH CONFERENCE PARTICIPANTS:

After much deliberation among the Board regarding the participants recommended for the Search Conference by the Northern/35 Acre Planning Team and the September and October Planning Teams, the Board concurred on the appointments of the following citizens to the Search Conference:

M O T I O N

Commissioner Duvall moved that the Board of County Commissioners appoint the following citizens to serve as participants at the Search Conference to be held November 16, 17, & 18, 1995 at Sylvan Dale Ranch, and agree to allow further discussions among the Board of the identification of potentially affected interests: Steve Anderson, Kelly Ohlson, Gerry Horak, John Chilson; participants from the Northern/35 Acre Task Force Madeline Fetsch, Lou Grant, Kathleen Kilkelly, Edgar Rice, Mary Beth Simon, Ron Thaemert, Maxine Weaver, and Karen Weitkunat; participants from the September Symposia Angela Dazlich, John Lesmeister, Ralph Nicholas, Karen Rose-Brailsford, Judy Rosen, Debbie Tamlin, Kerrie Weitzel, and Randy Mergler; participants from the October Symposia Julian Blair, Margot Gerber, Harold Kaufman, Bob Long, Stephen McMillan, Todd Spillar, Dan Stroh, and Ken Stitzel.

Motion carried 3 - 0.

Mr. Legg noted that the following is a consent item and will not be discussed in detail unless requested by the Commissioners or members of the audience.

1. APPLEWOOD ESTATES EASEMENT VACATION (#95-SA0749):

02-06-69, EAST OF SHIELDS, SOUTH OF HARMONY, AT THE

INTERSECTION OF PARADISE LANE AND HORSESHOE COURT;

2.7 ACRES; FA-1 FARMING ZONING

This is a request to vacate a bridle path and utility easement. Staff Findings include: 1) Vacation of this easement will not limit access to the Applewood Estates bridle path system; 2) Vacation of this easement will assist the property owner in utilizing his property more fully; 3) No utility companies or other reviewing agencies have objected to the vacation of this easement; 4) Vacation of the easement will not adversely affect the health, safety, or welfare of existing residents; 5) The Applewood Homeowners' Association does not oppose this proposed vacation.

The Staff recommendation is for approval of the vacation of the bridle path and utility easement which bisects Lot 4A of Applewood Estates, with the following conditions: 1) The perimeter easement will not be vacated by this action; 2) The applicants will sign and record an agreement which obligates any owner of Lot 4A to grant an easement in the southeast corner of the property connecting the existing easement to the public road should access to the public area at this located be closed.

M O T I O N

Commissioner Clarke moved that the Board adopt the Staff findings and recommendation and approve the Applewood Estates Easement Vacation (#95-SA0749), with the conditions as outlined.

Motion carried 3 - 0.

2. PHILLIPS MINOR RESIDENTIAL DEVELOPMENT APPEAL (#95-EX0777):

NW 1/4 OF 22-07-68, 1/4 MILE SOUTH OF PROSPECT (COUNTY ROAD 44)

AND 1/4 MILE EAST OF INTERSTATE 25; 13.29 ACRES;

C-COMMERCIAL ZONING

This is a request to permit a minor residential development application to be processed on a property that is zoned C-Commercial and was exempted in 1985. Mr. Helmick described the request and reviewed the issues which will need to be addressed during the MRD process. Staff findings are: 1) The Minor Residential Development Process was amended to limit the types of parcels that are eligible to be divided by MRD; 2) Planning Staff has consistently recommended denial of all MRD appeals. This is a policy decision which is more appropriately made by the Board of County Commissioners. However, in this case there may be a greater public interest in considering this appeal to allow the processing of a Minor Residential Development; 3) The full subdivision process is available to divide parcels that are not eligible for consideration under the MRD process; 4) The proposed rezoning of the property would be consistent with the adopted Land Use Plan. The Staff recommendation is for approval of the requested appeal, finding in this case, that the linking of the voluntary rezoning of the property to FA-1 furthers the County's interests.

M O T I O N

Commissioner Duvall moved that the Board adopt the Staff findings and Staff recommendation and approve the Phillips Minor Residential Development Appeal (#95-EX0777), and if this minor residential development is approved, it is understood that the zoning will be changed from C-Commercial to FA-1 Farming.

Motion carried 3 - 0.

3. HOOD MINOR RESIDENTIAL DEVELOPMENT APPEAL (#95-EX0773):

14-08-69, WEST OF STATE HIGHWAY 1, NORTH OF EAGLE LAKE

SUBDIVISION; 90.43 ACRES; FA-FARMING ZONING

This is a request to permit a minor residential development application to be processed for three lots on a parcel that did not exist on May 5, 1972. Mr. Helmick described and request and informed the Board that the access to the site is along a private access easement and the property has no frontage on a public road and, therefore, may not be able to meet the access standards. Staff Findings include: 1) The Minor Residential Development Process was amended to limit the types of parcels that are eligible to be divided by MRD; 2) Planning Staff has consistently recommended denial of all MRD appeals; this is a policy decision which is more appropriately made by the Board of County Commissioners; 3) The full subdivision process is available to divide parcels that are not eligible for consideration under the MRD process. The Staff recommendation is for denial of the requested appeal of Robert and Cheryl Hood, to allow the processing of a minor residential development appeal.

Discussion and questions from the Board followed; Cheryl Hood, applicant, addressed the Board and stated that they are requesting a variance to create three lots so they will be easier to sell; she noted they purchased this property ten years ago with the intention of using the land for agricultural purposes and raising their family in a quiet rural setting. However when the Eagle Lake Subdivision was approved, their lives were drastically changed and many hardships created; for instance, the gated entrance built for the subdivision virtually shut down their haying operation because their large machinery would not go through, and as the new homes were built closer and closer to their property line, they had to forfeit the leasing of their goose hunting blinds because of safety to those new residents. Ms. Hood stated that they put the farm on the market two years ago, but have found that buyers are more interested in smaller parcels of land rather than their 52-acre and 39-acre parcels; consequently, they are requesting the Board to approve their appeal to allow them to create three parcels out of the two existing parcels. Rick Boge, representing the applicants, discussed how the applicable rules and guidelines support the variance request before the Board and stated that this proposal does not create a conflict with the comprehensive land use plan or conflict with the existing land use and it would have minimal impact on adjacent properties. Mr. Boge noted that a hardship has been created by the encroaching residential development and this variance is one step towards minimizing that hardship. In summary, Mr. Boge stated that the proposal is consistent with the land uses in the area, the proposed use will provide a buffer between the subdivision to the south and the open space to the north, and the land-use approval process is not compromised as the county retains all the necessary powers over the details of the MRD that would be subject to approval. Harold Jacobs informed the Board that he has made an offer on 35 acres of this land and he noted he would leave most of it in its natural state; he believes that having three homes on this property provides a nice transition and it keeps it more rural than urban.

At this time, the public comment portion of the hearing was closed and opened for Commissioner's comments; Commissioner Clarke suggested the applicants consider possibly clustering the homes and placing the remainder of the property in a conservation easement. Commissioner Duvall noted that the County has created this problem and changed the applicants lifestyle without fair consideration; however, it is not the County's responsibility to solve this economic dilemma.

M O T I O N

Commissioner Clarke moved that the Board approve the Hood Minor Residential Development Appeal (#95-EX0773), direct Staff to work with the applicant to solve the access problem, consider the possibility of clustering and a conservation easement being incorporated in the MRD request for approval, or any other solution which might be contrived during their deliberations.

Motion carried 3 - 0.

4. BERTHOUD LAKE RANCHETTES (#92-SU0128): NW 1/4 OF 11-04-69,

NORTHEAST CORNER OF COUNTY ROAD 17 AND COUNTY ROAD 13E,

SOUTHWEST OF BERTHOUD RESERVOIR; 75.74 ACRES; 87 LOTS;

R-RESIDENTIAL ZONING

This is a request for Final Plat to divide 75 acres into 87 lots for single family dwellings. Mr. Kadera reminded the Board that this item was tabled on May 15, 1995 because drainage issues were not resolved; the original drainage plan would have resulted in water entering the Town of Berthoud's water supply reservoir. Mr. Kadera stated that the plan has been changed as the developer has secured an agreement with the Handy Ditch Company to drain all the surface drainage from this site into the Handy Ditch. Mr. Kadera submitted a letter from the Town of Berthoud supporting the proposal, subsequent to their reviewing the revised Berthoud Lake Ranchettes stormwater by-pass plans, and a memo from Doug Laiho, Engineering Staff person for the Town of Berthoud, suggesting they not oppose the subdivision as proposed, contingent upon the fourteen conditions which are outlined in the memo. Mr. Kadera informed the Board that the drainage plan has been reviewed by Mr. Burns of the County's Engineering Staff and he stated that it meets the county standards and will satisfy any concerns the County had concerning the preservation of the water quality in the reservoir. Mr. Kadera stated that staff is still somewhat concerned about some of the conditions suggested by the Town of Berthoud and Ms. Haag was requested to advise the Board as to the legality of those conditions. Mr. Kadera stated that the only issue that remains somewhat unresolved is construction management of this project, as it is a complicated project; he suggested that the Board consider conditional approval of this Final Plat today, as the expiration of the Preliminary Plat approval occurs soon; this will allow staff the ability to return at a later date with some recommendations in the form of an addendum to the subdivision improvements agreement which would address some of these construction management concerns.

As requested by Mr. Kadera, Ms. Haag responded to the legality of proposed new conditions, noting that at this stage new and different conditions cannot be imposed on this project. Ms. Haag stated that the Board's sole responsibility at this stage is to determine whether all the conditions of Preliminary Plat approval have been met; and if they have been met, then the developer is entitled to obtain his Final Plat approval. Mr. Kadera read aloud the conditions of the Preliminary Plat, noting that the two conditions regarding drainage have been met.

Cliff Brockman informed the Board that his firm, Drexell Burell (??) in Boulder, has worked with the Town of Berthoud to insure that all the road and drainage issues have been resolved. Commissioner Duvall asked Mr. Brockman if the developer is willing to abide by the assurances and contingencies as set forth in the letter from the Town of Berthoud; Mr. Brockman responded affirmatively.

Anna Lenahan, Berthoud Town Administrator, addressed the Board and reaffirmed that Berthoud's position is not to oppose the Berthoud Lake Ranchettes Project, if the list of assurances and contingencies described in the letter from the Town of Berthoud and the memo from Doug Laiho are met. Doug Laiho, representing the Town of Berthoud, reminded the Board that the Town of Berthoud has been steadfast in protecting the primary interest of raw water quality and he noted that they will withhold approval of the plans until all conditions are accomplished; and, in order to have additional clarification regarding those conditions, he requested the opportunity for the Town of Berthoud staff to discuss those conditions in detail with County Staff.







M O T I O N

Commissioner Duvall moved that the Board of County Commissioners follow the Town of Berthoud's lead and approve the Final Plat for Berthoud Lake Ranchettes (#92-SU-0128), subject to all contingencies and assurances as outlined in the letter to Mr. Kadera dated November 1, 1995 from the Town of Berthoud and the memo to the Berthoud Town Board of Trustees and Town Administrator dated November 1, 1995 from Doug Laiho; this approval is granted with the condition that County staff will be allowed to create an addendum to the Subdivision Improvement Agreement to facilitate the final details of construction management.

Motion carried 3 - 0.

The meeting adjourned at 4:50 p.m.


_______________________________________

CHAIR DISNEY, CHAIR

BOARD OF COUNTY COMMISSIONERS

( S E A L )

ATTEST:


________________________________________

Sherry E. Graves, Deputy County Clerk

November 6, 1995

Background Image: Rocky Mountain National Park by Sue Burke. All rights reserved.