Elk in Rocky Mountain National Park
 

PROCEEDINGS OF THE BOARD OF COUNTY COMMISSIONERS

MONDAY, MARCH 4, 1996

LAND-USE PLANNING MEETING

(#445 @ 500 & #448)

The Board of County Commissioners met at 3:00 p.m. in regular session with Jerry White, Zoning Administrator. Chair Clarke presided; Commissioners Disney and Duvall were present. Also present were: Rex Burns, Project Engineer; Ed Woodward, Senior Engineering Technician; Doug Ryan, Environmental Health Planner; and Jeannine Haag, Assistant County Attorney. Recording Clerk, S. Graves.

Mr. White informed the Board that the request to table the Westridge Estates Right-of-Way Vacation until March 18, 1996 has been removed from today's agenda.

1. THE FUN STOP SPECIAL REVIEW (#95-ZR0618): 24-06-69,

SOUTHEAST CORNER OF COLLAND DRIVE AND U.S. HIGHWAY

287; 4.1 ACRES; 2 LOTS; C-COMMERCIAL ZONING

This is a request for expansion of an amusement park to add bumper boats, kiddie rides and a clubhouse. Mr. White described the project and reviewed the history and major issues and concerns; he stated that notices were sent out to sixty property owners in the area and a neighborhood meeting was held to hear and respond to the neighbor's concerns. Mr. White noted that the applicant had a consultant do a noise impact study and, as a result, some of the more intensive uses were eliminated from earlier plans; in addition, a lighting plan was done by a consultant and the applicant has indicated that the lighting impacts will actually be less than what currently exist because of new technology and shielding on the new and old fixtures. Mr. White stated that considerable landscaping on the site is proposed, which will help with screening and noise mitigation. Mr. White noted that access off Highway 287 will be a right-in and right-out access on the southern point of the property; there is also an entrance and exit onto Colland Drive. Mr. White noted that the County Engineering department and Colorado Department of Transportation (CDOT) reviewed the site design and improvements proposed and both agencies are satisfied with plans as proposed for access, parking, and drainage and no objections were received from either the Cities of Fort Collins or Loveland. Staff findings include: 1) The proposal complies with the intent and purposes of the Comprehensive Zoning Resolution, County Land Use Plan, and Intergovernmental Agreements; 2) If developed and operated in accordance with the plans and conditions of approval, the proposal will not impact the surrounding neighborhood or property values in the area; 3) The proposal will not impair the public health, welfare, prosperity, or safety; 4) No objections to the use have been noted by reviewing agencies. Recommendations of all reviewing agencies have been addressed by the applicant.

The Staff/Planning Commission recommendation is for approval of the Special Review request, with the following conditions: 1) Development and operation shall be consistent with Zoning File Exhibit A (Application for Special Review with associated plans and consultant reports), unless otherwise modified by the Memorandum of Agreement (with revisions as listed below made to conditions #1, #4, #8, and #16) and signed by the applicant, dated January 11, 1996. 1) The business shall be managed and operated in a manner which complies with State and/or county noise standards, whichever are more stringent. This will include the use of electric motors on those rides where it is feasible, well-muffled and well-maintained gasoline engines on the go-karts and bumper boats, minimized use of outdoor speaker systems, use of most-current technology for outdoor speaker systems, placement of speakers to most effectively limit noise impacts on residential areas, and compliance with the proposed hours of operation. Owner also has stated willingness to "...if necessary adjust ride schedules and work directly with neighborhood concerns"; 2) Comply with all requirements of the County Health Department regarding food service, hazardous waste handling, and removal of existing underground storage tank by 1998; 3) Comply with all requirements of the Poudre Fire Authority pertaining to installation of fire protection facilities (fire hydrants and sprinkler system), and the handling of flammable materials; 4) Install lighting facilities in a manner which precludes light trespass onto adjacent residential properties or adjacent public roads, where such light trespass would create a nuisance or safety hazard. Lighting and PA system shall be modified concurrently with construction; 5) Compliance with all recommendations included in the "Site Access Study" prepared by Matthew J. Delich, dated September 1995; 6) Compliance with all recommendations included in the letters from the Colorado Department of Transportation to Larimer County Planning, dated April 26, 1995 and November 16, 1995; 7) Prior to building permit application, applicant shall provide a final Drainage Plan, as required by the County Engineer Department. Applicant shall be responsible for construction of all drainage facilities required by that plan; 8) Design and construction of the Game Building shall be substantially consistent with the plans and description of that building, as reviewed by the Planning Commission; 9) The landscaping plan shall be revised to provide for additional landscaped islands in the parking area and additional screening along the west side of the property. Landscaping must be consistent with requirements of the Colorado Department of Transportation; 10) Signage shall be as shown on the submitted site plan. Internal informational signs may be allowed if approved by County Planning, and if no commercial content is included. There shall be no "attention grabbing" devices such as oversized flags, banners, spotlights, etc.; 11) Access shall be provided to the county open space to the south, as described in the application. This access shall be restricted by placement of a rope chain, with locked access available to the County Parks Department; 12) All structures shall comply with Larimer County Uniform Building Code, and setback requirements included in the County Zoning Resolution; 13) The hours of operation shall be from 9 a.m. to 11 p.m. daily, except that no go karts shall be operated after 10 p.m. Applicant has agreed that "other outdoor rides could have restricted hours if it is determined that they create unacceptable noise levels after 10 p.m.; 14) Applicant is solely responsible for the construction of all improvements, including but not limited to the following: Driveways, parking lots, drainage facilities, landscaping, fencing, water, sewer, fire protection, and any improvements to Highway 287 or Colland Drive which were included in the submitted plans; 15) All required improvements which pertain to public health and safety (water, sewer, access, drainage) and also fencing, shall be in place prior to issuance of a Certificate of Occupancy for the Game Building. Fire hydrants shall be installed and operational prior to any above ground construction; 16) All landscaping shall be concurrent with construction when possible or as soon thereafter as possible.

Discussion and questions from the Board followed; Matt Delich, Traffic Engineer Consultant, responded to concerns about south-bound traffic turning left into the site and exiting traffic making a left-hand turn onto 287 to go south. Mr. Delich stated that there is enough width in the highway to have a left-hand turn lane for southbound traffic, but he is not sure it would meet the deceleration requirements of CDOT; later in the meeting, after doing some calculations, he reported there is enough length from Colland Drive for possibly having a left turn lane into the site

Julie Maple, Architect for the applicant, addressed the Board and stated they intend to take an existing facility and make it better; the applicant has tried to address issues to well-round the use of the facility so it is not a go-cart track but will appeal primarily to families with young children, and they are creating an indoor facility to allow them to be open year-round. Randy White, Entertainment Consultant and Designer for families and children entertainment centers throughout North and South America, stated that after looking at the present facility, they determined it was not adequately serving the neighborhood, which is predominantly young families; Mr. White described the proposed facility. Kris Fleischli, co- applicant, noted they purchased this facility three years ago with the intention of expanding and improving it and they have tried to address the concerns of the neighbors raised at the neighborhood meeting.

At this time the hearing was opened for public comment and the following adjacent property owners addressed the Board: Laura Angelo, Donna Nye, and Gus Kramer. They cited their concerns of privacy and safety, asked if there will be windows on the east side of the second story building, and if the proposed 6-ft. fence will be continuous all around the property; Ms. Maple responded that there will be two small windows on the northeast corner of the building for offices, but most of the windows will be on the 1st floor on the south overlooking the children's garden. Mr. White responded that the 6-ft. fence will be continuous. Kirk Fleischli, co-applicant, stated that there will be no possibility for kids to climb the fence and get to adjacent properties. Mr. Kramer suggested that signs be posted indicating that the exit from the site be onto Colland Drive only and the Highway 287 access is for entrance only.

At this time, the public portion of the hearing was closed and opened for Commissioner's comments. More discussion followed concerning the left-turn into and out of the property and various options were discussed in detail.

M O T I O N

Commissioner Duvall moved that the Board of County Commissioners adopt the staff findings and Planning Commission/Staff recommendation and approve the Fun Stop Special Review (#95-ZR0618), with the conditions as amended in the Memorandum of Agreement, and request that staff and the applicant continue to review the traffic situation and work with the Colorado Department of Transportation to determine if they can design a better traffic pattern off of Highway 287.

Motion carried 3 - 0.

2. FLOOD PLAIN RESOLUTION AMENDMENT (#95-RA0807):

This is a request to approve amendments to the existing Flood Plain Regulations-Sections 8.0, 9.0, and amendments to the existing Flood Plain Amendment to the Larimer County Building Code-Sections 5.0, 6.0, and 7.0. Mr. Burns noted that the Larimer County Board of County Commissioners adopted the Flood Plain Resolution in December of 1975, as well as the maps designating zoning districts; the maps have been revised and the Resolution amended to clarify definitions so the regulations meet with current Federal requirements. Mr. Burns briefly reviewed the amendments and noted that the Federal Emergency Management Agency (FEMA) has asked the County to adopt the revised maps, as well as the revisions to the Flood Plain Resolution and the Flood Plain Building Code, and he requested the Board to adopt same. Staff findings are: 1) The proposed amendments to the existing Flood Plain Regulations and the existing Flood Plain Amendment to the Larimer County Building Code are consistent with the intent and purposes of the Comprehensive Zoning Regulations; 2) The proposed amendments will serve to protect the health, welfare, and safety of the citizens of Larimer County; 3) Adoption of the proposed amendments will not have a detrimental effect on property values in Larimer County; 4) Adoption of the proposed amendments is necessary for the County's continued participation in the National Flood Insurance Program.

The Staff/Planning Commission recommendation is for approval of the following amendments to the Larimer County Flood Plain Regulations: SECTION 8.1 BOARD OF REVIEW be amended to read: There shall be created a Board of Review appointed by the Board of County Commissioners, which shall consist of three members and one alternate. One member may be a qualified registered professional engineer from the Larimer County Engineering Department: A) A chair person shall be elected annually by the Board of Review; B) A quorum shall be two members; C) Members shall serve two-year terms and may be reappointed by the Board of County Commissioners; D) The alternate may vote only upon the absence of one of the regular members. SECTION 9.0 - DEFINITION 9.19 NEW CONSTRUCTION be amended to read: Structures for which the "start of construction" commenced on or after the effective date of the original resolution, and includes any subsequent improvements to such structures. SECTION 9.0 DEFINITION 9.21 REGULATORY FLOOD DATUM has been renumbered to 9.22 and added to read: RECREATIONAL VEHICLE - A vehicle which is (1) built on a single chassis; (2) 400 square feet or less when measured at the largest horizontal projections; (3) designed to be self-propelled or permanently towable by a light duty truck; and (4) designed primarily not for use as a permanent dwelling but as temporary living quarters for recreational, camping, travel, or seasonal use. 9.25 SUBSTANTIAL IMPROVEMENTS be renumbered 9.26 and amended to read: Any repair, reconstruction or improvement of a structure, the cost of which equals or exceeds 50 percent of the market value of the structure: 1) Before the improvement or repair is started, or 2) If the structure has been damaged and is being restored, before the damage occurred. For the purpose of this definition, "substantial improvement" is considered to occur when the first alteration of any wall, ceiling, floor, or other structural part of the building commences, whether or not that alteration affects the external dimensions of the structure. The term does not, however, include either: 1) Any project for improvement of a structure to comply with existing state or location health, sanitary, or safety code specifications which are solely necessary to assure safe living conditions, or 2) Any alteration or a structure listed on the national Register of Historic Places or a State Inventory of Historic Places. 9.26 for STRUCTURE be renumbered 9.25 and amended to read: A walled and roofed building or manufactured home that is principally above ground. 9.26 for VARIANCE has been renumbered 9.27.

The Staff/Planning Commission recommendation is also for approval of the following amendments to the Flood Plain Amendment to the Larimer County Building Code: SECTION 5.0 REGULATIONS FOR FLOOD PRONE AREAS. 5.3 currently does no exist and should be added to read: All manufactured homes, or those to be substantially improved, shall conform to the Larimer County Mobile Home Resolution and to the following requirements: a) Manufactured homes that are placed or substantially improved on a site (i) outside of manufactured home park or subdivision, (ii) in a new manufactured home park or subdivision, (iii) in an expansion to an existing manufactured home park or subdivision, or (iv) in an existing manufactured home park or subdivision on which a manufactured home has incurred "substantial damage" as the result of a flood, shall be elevated on a permanent foundation such that the lowest floor of the manufactured home is elevated to or above the flood protection elevation and shall be securely anchored to an adequately anchored foundation system to resist flotation, collapse, and lateral movement; b) Manufactured homes to be placed or substantially improved on sites in existing manufactured home parks or subdivisions that are not subject to the provisions in (a) above shall be elevated so that either (i) the lowest floor of the manufactured home is at or above the flood protection elevation, or (ii) the manufactured home chassis is supported by reinforced piers or other foundation elements that are no less than 36 inches in height above grade and shall be securely anchored to an adequately anchored foundation system to resist flotation, collapse, and lateral movement. 5.4 for RECREATIONAL VEHICLES currently does not exist and be added to read: a) Recreational vehicles must either (i) be on the site for fewer than 180 consecutive days, (ii) be fully licensed and ready for highway use, or (iii) meet the building permit requirements for a manufactured home as referenced in SECTION 4.3 and elevation and anchoring requirements as set forth herein and in compliance with the Larimer County Mobile Home Resolution. SECTION 6.0 ADMINISTRATION - 6.3 BOARD OF REVIEW be amended to read: There shall be a Board of Review appointed by the Board of County Commissioners consisting of three members and one alternate. One member may be a qualified registered professional engineer from the Larimer County Engineering Department. Terms shall be for two years. Such Board of Review shall have the qualifications and powers designated in Colorado Revised Statutes, 1973, 30-28-206 as amended. In addition, all members of the Board of Review shall be trained and experienced in technical matters relative to flood control and protection specified herein. The alternate may vote only upon the absence of one of the regular members. SECTION 7.0 DEFINITIONS (Note: Numbers 7.7 through 7.26 have been renumbered to accommodate three additional definitions. 7.7 for EXISTING MANUFACTURED HOME PARK OR SUBDIVISION in existing document renumbered 7.9 and added to read: A manufactured home park for which the construction of facilities for servicing the lots on which the manufactured homes are to be affixed (including, at a minimum, the installation of utilities, the construction of streets, and either final site grading or the pouring of concrete pads) are completed before the effective date of this ordinance. 7.8 for EXPANSION TO EXISTING MANUFACTURED HOME PARK OR SUBDIVISION in existing document renumbered to 7.10 and be added to read: The preparation of additional sites by the construction of facilities for servicing the lots on which the manufactured homes are to be affixed (including the installation of utilities, the construction of streets, and either final site grading or the pouring of concrete pads.) 7.18 for MANUFACTURED HOME be renumbered 7.20 and amended to read: A structure, transportable in one or more sections, which is built on a permanent chassis and designed for use with or without a permanent foundation when connected to the required utilities. The definition does not include recreational vehicles. 7.19 for NEW CONSTRUCTION be renumbered 7.21 and amended to read: Structures for which the "state of construction" commenced on or after the effective date of the resolution, and includes any subsequent improvements to such structures. 7.23 for START OF CONSTRUCTION renumbered 7.26 and added to read: RECREATIONAL VEHICLE: A vehicle which is (1) built on a single chassis; (2) 400 square feet or less when measured at the largest horizontal projections; (3) designed to be self propelled or permanently towable by a light duty truck; and (4) designed primarily not for use as a permanent dwelling but as temporary living quarters for recreational, camping, travel or seasonal use. 7.24 for STRUCTURE be renumbered 7.27 and amended to read: A walled and roofed building or manufactured home that is principally above ground. 7.25 FOR SUBSTANTIAL IMPROVEMENTS be renumbered 7.28 and amended to read: Any repair, reconstruction or improvement of a structure, the cost of which equals or exceeds 50 percent of the market value of the structure: 1) Before the improvement or repair is started, or (2) If the structure has been damaged and is being restored, before the damage occurred. For the purpose of this definition, "substantial improvement" is considered to occur when the first alteration of any wall, ceiling, floor, or other structural part of the building commences, whether or not that alteration affects the external dimensions of the structure. The term does not, however, include either: 1) Any project for improvement of a structure to comply with existing state or location health, sanitary, or safety code specifications which are solely necessary to assure safe living conditions, or (2) Any alteration or a structure listed on the National Register of Historic Places or a State Inventory of Historic Places.

Janet Bushard addressed the Board and noted that the effects of these amendments to the Flood Plain Regulations are far reaching and she expressed concern about development now being allowed in areas which were previously in the flood plain; Commissioner Duvall responded that the Board will make sure that the Partnership Land Use System (PLUS) takes advantage of the opportunity to identify riparian areas which still need to be protected. Mr. Burns advised the Board that the county really doesn't have a choice in adopting the new boundaries because of the Federal requirements.

M O T I O N

Commissioner Disney moved that the Board of County Commissioners approve the amendments to the existing Flood Plain Regulations-Sections 8.0, 9.0, and amendments to the existing Flood Plain Amendment to the Larimer County Building Code-Sections 5.0, 6.0, and 7.0, adopt the resolutions as presented, and authorize the Chair to sign same.

Motion carried 3 - 0.

R96-39g RESOLUTION APPROVING THE ADOPTION OF THE NEW

OFFICIAL FLOOD INSURANCE RATE MAPS

R96-40g LARIMER COUNTY FLOOD PLAIN RESOLUTION AND

SUPPLEMENTARY REGULATIONS TO THE LARIMER

COUNTY COMPREHENSIVE ZONING REGULATIONS

The meeting recessed at 5:00 p.m.

CONTINUATION OF LAND-USE PLANNING MEETING

(#449, #450, & #452)

The Land-Use Planning Meeting reconvened at 7:00 p.m. in regular session with Russ Legg, Interim Planning Coordinator. Chair Clarke presided; Commissioners Disney and Duvall were present. Also present were: Rob Helmick, Planner I; Rex Burns, Project Engineer; Doug Ryan, Environmental Health Planner; Vaughn Furniss, Parks Planner II; and Jeannine Haag, Assistant County Attorney. Recording Clerk, S. Graves.

3. OVERLAND VALLEY PLANNED UNIT DEVELOPMENT

(#94-MS0603): NE 1/4 08-07-69, WEST OF OVERLAND TRAIL

(COUNTY ROAD 21) BETWEEN VINE (COUNTY ROAD 48)

AND LAPORTE AVENUE (COUNTY ROAD 46E), WET OF

AIRPORT HEIGHTS AND HAUMONT MRD; 14.79 ACRES;

18 LOTS; EXISTING ZONING FA-1 FARMING AND I-INDUSTRIAL

This is a request to rezone 14.8 acres from FA-1 Farming and I-Industrial to R-Residential and to divide it into 16 lots from .56 acres to 1 acres in size for single family dwellings. Mr. Helmick provided the description of the site, development intent, area analysis, and reviewed the major concerns and issues; he submitted the Minutes concerning this item from the December 6, 1995 Urban Growth Area Review Board meeting, photos of the site and surrounding area, and a letter in opposition to this proposal from Gordon Rodda, adjacent property owner. Staff findings include: 1) The requested rezoning of the property and density are not consistent with the IGA and Foothills Area designation; 2) The requested zoning constitutes a spot zoning; 3) The length of the proposed access, without a second access, is inconsistent with the adopted Urban Street Standards; 4) The existing zoning of the FA-1 Farming would allow the property to be utilized in conformance with the adopted IGA; 5) The City of Fort Collins does not support the proposed density of development at this site; 6) The development does have commitments for water and sewer service from the City of Fort Collins; 7) The Poudre Fire Authority does approve, with a long single access road, 20 feet in width, signed no parking areas, and the provision of fire hydrants; 8) There are serious questions regarding building within the development due to the high ground water which may be present. This affects the design, construction and maintenance of both roads and homes; 9) The proposal have applied for and received a recommendation of approval from County Public Works of the off-site street waiver.

The staff recommendation is for denial of the PUD Master Plan and Preliminary Plat, as well as the requested rezoning and waiver of the IGA public street capacity. The motion to approve the Overland Valley PUD, with five conditions, made by UGA Board member Buell failed with a tie vote of 2 to 2.

Questions and much discussion among the Board followed regarding the roads in the subdivision being constructed according to city standards, the off-site street waiver, drainage problems, how the uses by right within the Industrial zoning are affected by the Foothills and IGA Agreements, traffic concerns surrounding the access from Overland Drive, etc.

Dave Lingle, Architect and land planner for the project, described the project and presented maps and exhibits of the area; he noted that the homes will be in the market range of $150,000 to $200,000 and the applicant will provide 30% open space, if required; he also stated that the streets will be private and privately maintained by the homeowner's association. Jay Stoner, applicant, submitted a letter to the Board reiterating his conviction that the configuration proposed is compatible with the surrounding residential sites; he reviewed the contents of the letter and informed the Board that his proposal includes the installation of a proper drainage culvert at the entrance from Overland Trail. Mr. Stoner summarized by stating that the development of Overland Valley PUD would be of great benefit to the surrounding homeowners and he stated that he cannot afford to construct one unit per two acres, as the neighbors have requested.

At this time the hearing was opened for public comment and the following persons addressed the Board in opposition to the proposal: Jane Johnson, Mary Taylor, Steve James, and Kevin Taylor; they cited their concerns of high density, questioned who will pay for the curb and gutter on High Street, the impact on Overland Trail of cars coming in and out of the development and the need for turn lanes at this site, potential impact of erosion, mosquitoes, desire for market value of homes to be higher, need for strict covenants, drainage, danger to wildlife, etc.

Mr. Stoner asked the Board if there is any recourse to the original developer for erosion control or if there is any collateral available for storm drainage; Mr. Legg stated he will check on this tomorrow, but thinks the collateral has probably been released.

At this time the public comment portion of the hearing was closed and opened for Commissioner's comments. Commissioner Duvall thanked Mr. Stoner for making an effort to talk to the neighbors and meeting with the homeowner's association; however, she noted that it is not the County's responsibility to ensure that Mr. Stoner makes a good profit on his property and it would be irresponsible of the Board to approve this proposal as there are just too many unanswered questions regarding the ponding and drainage, the High Street Road is not up to city standards, maintenance of the roads, traffic concerns and turn lanes on Overland Trail, erosion and seeding along High Street. Commissioner Duvall stated that this is a request for the Board to exempt the developer from county standards on street width, cul-de-sac length, PUD open space requirements, multiple access requirements, off-site road requirements, and to ignore the plan put together by the citizens and the City of Fort Collins, the Foothills area density requirements, the Urban Growth Agreement, and the split vote from the UGA Review Board; Commissioner Disney concurred. Chair Clarke expressed his concern that if this proposal is not approved, the developer could exercise the option of using the Industrial-use zoning on the site; however, he concurred that this project does have a great number of problems.

M O T I O N

Commissioner Duvall moved that the Board adopt the staff findings and staff/Urban Growth Area Review Board recommendation and deny the Overland Valley Planned Unit Development (#94-MS0603).

Motion carried 3 - 0.

4. WYNDHAM HILL PLANNED UNIT DEVELOPMENT PRELIMINARY

PLAT AND REZONING (REHEARING) (#94-MS0428): NW 19-06-68,

ON THE SOUTHEAST CORNER OF COUNTY ROAD 32 AND

COUNTY ROAD 13 (LEMAY), SOUTH OF GREENSTONE PLANNED

UNIT DEVELOPMENT AND WEST OF PATTERSON PLANNED UNIT

DEVELOPMENT; 42.9 ACRES; 18 LOTS; FA-1 FARMING ZONING

This is a request for Preliminary Plat approval to divide 42.9 acres into 18 residential lots of .6 acres to 4.7 acres with one commercial lot of 1.5 acres and 18 acres of open space and a request to rezone from FA-1 Farming to B-Business to create a 1.5 acre office area. Mr. Legg described the history of the project, reviewed the major concerns and issues, and submitted a letter to the Board from Sandra Tinsman listing her concerns and reasons why this proposal should be denied. Mr. Legg noted that the Board heard this item on February 13, 1995 and, at that time, referred it back to the Planning Commission for consideration of eight specific items; he briefly reviewed those eight items and their resolution and he stated that staff is still recommending denial of the rezoning. Mr. Legg stated that the one significant issue to resolve is that CR 13 west of the development is in need of repair and the County Public Works department has consistently recommended that this road be improved and paved before development in this area occurs; he noted that the applicant does not feel it is fair for one applicant to take on the whole burden of improving this road because it does serve other developments and existing properties. Staff findings are: 1) The proposed Wyndham Hill Planned Unit Development is consistent with the zoning of the site and with the existing land use guidelines of the "Plan for the Region between Fort Collins and Loveland"; 2) Approval of the Wyndham Hill Planned Unit Development, with the following conditions, will not result in significant negative impacts on surrounding properties, utility services, transportation facilities or the natural environment; 3) The proposed business area is not in conformance with the rural non-farm guidelines and the Intergovernmental Agreement with the City of Fort Collins and Loveland; that agreement provided that rural non-farm areas shall not be rezoned.

Questions and discussion among the Board followed; Mr. Burns informed the Board that the intent is to double chip seal County Road 13 next year but the preference would be for asphalt mat paving on this road. Jan Peterson, Designer for the project and representative for the applicants, addressed the major concerns which came out of the Planning Commission meeting; with regard to whether a commercial use will be permitted on the property, he stated that the applicants have agreed to remove the business use from the Final Plat. Referring to the letter just received from Ms. Tinsman, Mr. Peterson thinks that all of her concerns have been addressed; with regard to the improvements on CR 13, Mr. Peterson proposed a compromise solution - if the County will contribute some funds to do a portion of the work (1/4 to 1/5%), the applicants would be responsible for the remainder of the cost if they could postpone it for the length of time that a chip seal application would be effective to allow them to develop some cash flow from the subdivision. Mr. Burns responded to the compromise offered by Mr. Peterson by noting that the cost of the paving of CR 13, at this time, would be approximately $100,000 and the estimated life-span of the chip seal is four years; and he noted that Public Works has collected a little over $20,000 in road fees to be used in this quadrant of the county. Mr. Peterson agreed that the applicants will agree to pay 80% of the cost of the road improvements and will provide a letter of credit or make some other type of financial commitment to insure that the funds will be available at the specified time.

At this time the hearing was opened for public comment; David Miller, adjacent property owner, stated that all the concerns have not been met and the maps and drawings presented are not correct and according to scale. Mr. Miller stated that the unstable creek banks need to be addressed and it is important to review the range management plan; he is interested in quality of life and how this development will affect his quality of life, and approval of this project will set a precedent as it is the gateway to other properties. Bob Long described the density in surrounding developments and stated that the density proposed for this proposal is twice the number that should be allowed and the rural character intended for this neighborhood will not be maintained; Tom Cipriani concurred. Alan Patterson, adjacent property owner, noted the irony that the people who come before the Board to complain about density live on small lots and, as a rule, the large property owners do not object; he stated he does not think this project negatively impacts the neighborhood, does not set a precedent, and the large open space offered is what the Corridor Committee wanted in this area. Kari Weitzel, adjacent property owner and member Corridor Task Force and PLUS Symposium, noted that this development proposes almost 40% of open space and contributes to the bike/pedestrian trail for the Fort Collins trail system - this proposal is exactly what the Task Force and Symposium wanted; Bill Patterson reiterated that this proposal meets all the criteria of the corridor study. Mr. Peterson responded to concerns raised and stated that the model presented is to scale.

At this time the public comment portion of the hearing was closed and opened for Commissioner's comments. Commissioner Disney asked Mr. Burns if he recommended that the Board accept the compromise offered by Mr. Peterson; Mr. Burns responded affirmatively. Much discussion followed and the Staff/Planning Commission recommendation for conditional approval of the Wyndham Hill Planned Unit Development was amended as follows: A) Denial of the proposed Business rezoning; B) Approval of the Master Plan of Wyndham Hill Planned Unit Development, with the following condition: 1) The Master Plan shall expire on October 18, 1998; and C) Approval of the Preliminary Plat, with the following conditions: 1) The Final Plat shall meet the concerns of the County Engineer, the City of Fort Collins, the fire authority, the school district, the Parks Department and other reviewing agencies; 2) The proposed traffic connection shall be constructed which connects the project with the Patterson Planned Unit Development; 3) The applicant shall follow all recommendations of the wildlife mitigation plan and keep horses out of the riparian habitat area and locate the trail as far away as possible from that stream bed in order to preserve the wildlife features and attributes of the area. Results of the plan shall be included in the landscape plan, covenants, subdivision improvements agreement and plat notes; 4) Plat Notes and other conditions: A) Drainage fees for the Fossil Creek Drainage Basin will be collected at the time of building permit issuance; B) Park fees will be collected at the time of building permit issuance; C) Radon testing shall be required prior to issuance of a Certificate of Occupancy; D) All construction shall be consistent with the recommendations of the Geotechnical Engineering Report; engineered foundations shall be required; E) Road maintenance is the responsibility of the Homeowner's Association of Wyndham Hill Planned Unit Development; F) A note shall be added to the Final Plat that Larimer County is not responsible for mosquito control; G) The trail shall be provided as proposed by the applicant and the Parks Department; H) The developer shall reconstruct County Road 13 from County Road 32 to the south property line of Wyndham Hill. The improvements shall be completed not later than five years after the date of plat recording. The developer shall prepare and submit engineered plans for County Road 13 and submit the plans for review with the Final Plat. Larimer County shall contribute no more than $20,000 to the cost of reconstructing County Road 13, unless a greater amount is approved by the Board of County Commissioners. A Subdivision Improvements Agreement and collateral shall be provided in a form approved by the County Attorney and the County Commissioners; this agreement shall be drafted by the applicant and approved by the County Attorney, Public Works Department, and submitted for approval by the Board of County Commissioners prior to recording the Final Plat; I) Detailed design of stabilization structures for Stanton Creek are required as part of the final plans for the development; J) Applicant will hire a qualified range scientist and develop a plan to be jointly approved by the Larimer County Health Department and Colorado State University Extension Office to address critical components of pasture management; those components include soil chemistry, irrigation methods, suitable grasses, fencing of areas within the larger pasture, fertilizer usage and anticipated grazing demand, and the applicant will implement that plan; K) Control of prairie dogs must be done in accordance with the U.S. Department of Agriculture standards, and a plan developed and approved by the Larimer County Health Department, to be completed prior to construction activities so animals will not be displaced and create nuisance conditions as they migrate to find new homes; L) Written commitments from the Fort Collins-Loveland and South Fort Collins Water and Sanitation District must be obtained prior to Final Plat approval.

M O T I O N

Commissioner Duvall moved that the Board of County Commissioners adopt the staff findings and Planning Commission/Staff recommendations, with all the conditions as amended, and approve the Wyndham Hill Planned Unit Development Preliminary Plat and Master Plan and deny the proposed Business zoning.

Motion carried 3 - 0.

Commissioner Duvall expressed appreciation to the objectors of this proposal and assured them that she heard their concerns; however, the reason she feels she must support this proposal is that the applicants have met all the conditions and requirements of staff, Planning Commission, and of the Plan for the Area between Fort Collins and Loveland and it is only fair to support it. Commissioner Duvall added that she thinks this proposal is precedent setting and she is concerned about the density.

The meeting adjourned at 11:00 p.m.

WEDNESDAY, MARCH 6, 1996

ADMINISTRATIVE MATTERS

(#451)

The Board of County Commissioners met at 9:00 a.m. in regular session with Frank Lancaster, County Manager. Chair Pro-Tem Duvall presided and Commissioner Disney was present; Chair Clarke was attending a meeting in Denver this morning. Also present were: Rex Smith, Director of Public Works; Elaine Spencer, Director of Engineering; Pam Duncan, Construction Engineer; Janelle Henderson, Natural Resources Director; Joan Duchene, Commissioner's Office Supervisor; Russ Legg, Interim Planning Coordinator; Kate Tremblay, Risk Manager; Carol Block, Director of Finance; and Donna Hart, Assistant to the County Manager. Recording Clerk, S. Graves.

1. OPEN SESSION FOR PUBLIC COMMENT: The following persons attended today's open session for public comment: Bob Tueting, Mr. & Mrs. Al Baccili, Donn Pitz, Debbie Herman, Jennifer Henrichsen, Bruce Lindall, and Dan Skipworth. Mr. Tueting discussed the Securities and Facilities Expansion Project (SAFE) with the Board and asked if this project was authorized by resolution; he stated he wants to cooperate with the Board but the con side also needs to be presented - there has to be other information available so people can see both sides, otherwise he will organize a campaign to defeat the project. Chair Pro-Tem Duvall stated that the Board authorized the hiring of Ms. LaRue, Courthouse Expansion Project Coordinator; she also stated that Ms. LaRue will be advised that both the pro and con side of the SAFE project must be presented to the public and she recommended that Mr. Tueting also contact Ms. LaRue. Mr. Baccili discussed the $0.50 that is charged on phone bills for E911, which amounts to over $100,000 a month; he stated that the taxpayers were assured when this fee was initiated that it would be reduced in a few years. Mr. Bacilli also discussed the off-site street waiver the City of Fort Collins is considering for Aurora Hills, which is $700 each for 32 new homes, and he requested that the County not allow this waiver of fees; Chair Pro-Tem Duvall and Commissioner Disney both assured Mr. Bacilli that they are firmly against the waiving of fees, except under certain circumstances. Mr. Bacilli also expressed his displeasure with the manufacturer's use tax. Ms. Herman, Mr. Pitz, Ms. Henrichsen and Mr. Lindall came to today's meeting to discuss the Highland Farms Annexation by the Town of Windsor; Mr. Legg stated that Chair Clarke is in the process of drafting a letter outlining the Board's position on this annexation. Chair Pro-Tem Duvall informed the group that the Board is having a meeting at noon today in Windsor with the Planning Commission and Town Board members and she invited them to attend as it is a public meeting. Ms. Herman stated that they are looking for support from Larimer County - their homes are on large acreages and they are going to be up against 500+ homes on 1/4 acre lots; she also stated that the county roads are awful and the County has told them there is no money available to upgrade the roads. Mr. Pitz informed the Board that there is a meeting Thursday night and next Monday night in Windsor and he invited any or all of the Commissioners to please attend those meetings. Chair Pro-Tem Duvall informed the group that the Board does not have the power to say to a town they cannot annex into the County; she requested Mr. Legg to prepare a press release by noon today clarifying the County's position for the Board to take with them to Windsor; Mr. Legg stated that the County would like to work with the Town of Windsor, as each entity works on their Comprehensive Plan, to decide where urban boundaries and open space should be, to determine how open space should be acquired, to decide where TDR's could work in the area, and to sign an agreement with Windsor. Chair Pro-Tem Duvall advised the group that at least one of the Commissioners will try and attend the meetings this Thursday and next Monday night. Dan Skipworth addressed the road conditions on CR 20 stating they are really bad; Mr. Smith responded that this road is in the chip-seal program for this summer.

2. BID AWARD FOR ROAD PROJECT 8005: Mr. Smith described the location of Project 8005, which is the intersection of Vine Drive and Overland Trail, and noted they are going to straighten the curve and improve the intersection. Mr. Smith requested the Board to allow the bid to be awarded to the second low bidder, which is Mountain Constructors, noting that this request is based on what is in the best interests of the County.

M O T I O N

Commissioner Disney moved that the Board of County Commissioners allow the bid award for Road Project 8005 to go to other than the lowest bidder, as requested.

Motion carried 2 - 0.

3. APPOINTMENT TO THE PLANNING COMMISSION: After the Board completed re-interviewing the applicants for the Planning Commission, Ms. Duchene stated that the recommendations are to appoint Ray Dixon and Leonard Roark as alternates and Pete Salg as a regular member. Vern Sunset will be retiring June 30, 1996 due to term limit restrictions, and he does not wish to continue serving on the Commission; Chair Pro-Tem Duvall requested that a letter be sent to Mr. Sunset thanking him for all of his years of dedication and service on the Planning Commission.

M O T I O N

Commissioner Disney moved that the Board of County Commissioners appoint Ray Dixon to an alternate position on the Planning Commission, commencing immediately and expiring June 30, 1997; appoint Pete Salg as a regular member of the Planning Commission, filling a seat being vacated due to term limit restrictions, beginning July 1, 1996 and ending June 30, 1999; and to appoint Leonard Roark to an alternate position on the Planning Commission, commencing July 1, 1996 and ending June 30, 1997.

Motion carried 2 - 0.

4. RISK MANAGEMENT DEPARTMENT REORGANIZATION OF POSITIONS AND SERVICES: Ms. Tremblay presented a memo outlining the Risk Management Department reorganization of positions and services, the purpose of which is to position the County to adequately meet its current and future risk management needs. Ms. Trembly described the current situation in Risk Management, noting that the Assistant Risk Manager position is currently vacant; that position is responsible for the design, implementation and management of the county's safety and loss prevention and occupational health programs. The proposal presented to the Board today is to continue the Safety and Loss Prevention program, which is in its infancy, and add an occupational health program by assigning the Environmental Auditor position in Natural Resources to Risk Management and redefining the Assistant Risk Manager position as an Occupational Health Nurse; the advantages of this action were reviewed and discussed. CONSENSUS OF THE BOARD was to approve the Risk Management Department reorganization of positions and services, as outlined, and the Board expressed appreciation to Ms. Block, Ms. Henderson, and Ms. Tremblay for bringing the reorganization to fruition. The Board requested Ms. Hart to prepare a press release about this reorganization and they requested a county-wide special event be planned when the reorganization is complete.

5. WORKSESSION:

-- Items for Policy Worksession: Mr. Lancaster noted that a review of Parks proposals is the only item for discussion during Policy Worksession tomorrow and he asked if the Board had other items they also wish to discuss; the Board stated they would like to discuss policy needs.

-- Invitations: Ms. Hart reviewed several upcoming events with the Board; such as dates and times for interviewing selected applicants for the Open Lands Board, the Congress of Neighborhoods, and she informed them of a late afternoon cable meeting in Loveland, Colorado on March 26, 1996.

6. COMMISSIONER'S REPORTS: Commissioner Disney reported he will be contacting Laurie Mathews, Director of State Parks, to let her know the Board has not yet made a decision regarding the transfer of county managed lakes.

7. DOCUMENT REVIEW:

Chair Pro-Tem Duvall requested that the minutes for the week of February 26, 1996 not be approved this week as there was not sufficient time to review them.

M O T I O N

Commissioner Disney moved that the Board of County Commissioners approve the Schedule for the week of March 11, 1996, as submitted.

Motion carried 2 - 0.

M O T I O N

Commissioner Disney moved that the Board of County Commissioners approve the following documents as listed on the Consent Agenda on Document Review for March 6, 1996:

MISCELLANEOUS DOCUMENT: Application for Site Approval for Boxelder Sanitation District. LIQUOR LICENSES: Licenses were issued to Inlet Bay Marina, Inc. - 3.2% - Fort Collins, CO. and The Store - 3.2% - Fort Collins, CO. County approval was granted to: Carter Lake Marina, Inc. 3-2% - Loveland, CO., Aspen Lodge at Estes Park - 6% - Estes Park, CO., Loyal Order of Moose, Lodge #484 - 6% - Loveland, CO., Mountain Greenery Resort - 6% - Bellvue, CO., and Potbelly Restaurant & Lounge - 6% - Red Feather Lakes, CO.

A96-30 LIBRARY SERVICES AGREEMENT BETWEEN THE BOARD

OF COUNTY COMMISSIONERS AND THE TOWN OF

WELLINGTON

A96-31 WARRANTY COLLATERAL AGREEMENT BETWEEN THE

BOARD OF COUNTY COMMISSIONERS AND WESTERN

LAND AND INVESTMENT CORPORATION FOR EAGLE

LAKE 5TH FILING

A96-32 AGREEMENT BETWEEN THE BOARD OF COUNTY

COMMISSIONERS AND THE TOWN OF BERTHOUD

(Quarter Cent on the Dollar Sales Tax Agreement)

A96-33 AGREEMENT BETWEEN THE BOARD OF COUNTY

COMMISSIONERS AND THE CITY OF LOVELAND

(Same as Above)

A96-34 AGREEMENT BETWEEN THE BOARD OF COUNTY

COMMISSIONERS AND THE TOWN OF ESTES PARK

(Same as Above)

A96-35 AGREEMENT BETWEEN THE BOARD OF COUNTY

COMMISSIONERS AND THE CITY OF WELLINGTON

(Same as Above)

D96-05 DEED OF DEDICATION BY EVA E. JAGELER (Dedication of

Property for Public Highway - Jageler Project #191 - County Road 56)

R96-41s RESOLUTION REGARDING RELEASE OF COLLATERAL FOR

GREYROCK COMMONS PUD

R96-42s RESOLUTION REGARDING RELEASE OF WARRANTY

COLLATERAL FOR EAGLE LAKE 4TH FILING

R96-43s RESOLUTION REGARDING RELEASE OF COLLATERAL

FOR EAGLE LAKE 5TH FILING

R96-44s FINDINGS AND RESOLUTION APPROVING THE EXTENSION

OF PRELIMINARY PLAT APPROVAL OF SOLAR RIDGE

3RD FILING

R96-45s FINDINGS AND RESOLUTION APPROVING THE AMENDED

PLAT OF OLYMPUS HEIGHTS LOTS 1 & 2 AND VACATION

OF RIGHT-OF-WAY

R96-46z SPECIAL REVIEW FINDINGS AND RESOLUTION APPROVING

THE PETITION OF KOPPES PIT

Motion carried 2 - 0.

8. EXECUTIVE SESSION:

M O T I O N

Commissioner Disney moved that the Board go into Executive Session at 10:20 p.m. to discuss Worker's Compensation Issues with Kate Tremblay and Negotiations with Paul Cooper, Community Corrections Director.

Motion carried 2 - 0.

The Executive Session ended at 11:25 a.m.; no action taken.

9. LEGAL MATTERS:

At this time, Assistant County Attorney Jeannine Haag joined the meeting for Legal Matters; she requested the Board to approve a Contract to sell Lot 81, Filing 4 in Glacier View Meadows.

M O T I O N

Commissioner Disney moved that the Board approve the Contract for the sale of Lot 81, Filing 4 in Glacier View Meadows, and authorize the Chair Pro-Tem to sign same.

Motion carried 2 - 0.

C96-10 CONTRACT FOR SALE OF LOT 81, FILING 4 IN GLACIER

VIEW MEADOWS BETWEEN THE BOARD OF COUNTY

COMMISSIONERS AND ROBBIE H. LANGSTON

The meeting recessed at 11:30 a.m.

LIQUOR LICENSE HEARING FOR SOX & CUBS, PIZZA & SUBS

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The Board of County Commissioners reconvened at 2:00 p.m. for a Liquor License Hearing for Sox & Cubs, Pizza & Subs. Chair Clarke presided and Commissioners Disney and Duvall were present. Also present was County Attorney George Hass. Recording Clerk, S. Graves.

Following a review of the contents of the application file by Mr. Hass, applicant Jaculyn Kaye Bond was sworn in and questioned. Ms. Bond made a presentation concerning the application, including clarifications required during the review of the file. For the record, Mr. Hass noted that there was no one appearing at today's hearing in opposition to the granting of this license.

This matter coming on to be heard this 6th day of March, 1996 of an application for a Beer and Wine License from Jaculyn Kaye Bond dba Sox & Cubs, Pizza & Subs, and the Board of County Commissioners having heard the testimony and evidence has considered the same, and being fully advised on the premises, find that the requirements of the neighborhood and the desires of the inhabitants indicate that the said license should be granted. Therefore, it is ordered that a Colorado Beer & Wine License be granted to Jaculyn Kaye Bond dba Sox & Cubs, Pizza & Subs, located at 6314 South College, Fort Collins, CO.

M O T I O N

Commissioner Disney moved that the Board of County Commissioners approve the application of Jaculyn Kaye Bond, dba Sox & Cubs, Pizza & Subs for a Beer & Wine License, at the location of 6314 South College Avenue, Fort Collins, Colorado 80525, in the County of Larimer, and allow the license to be granted.

Motion carried 3 - 0.

The meeting adjourned at 2:20 p.m.

____________________________________

JOHN CLARKE, CHAIR

BOARD OF COUNTY COMMISSIONERS

( S E A L )

ATTEST:

______________________________________

Sherry E. Graves, Deputy County Clerk

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