PROCEEDINGS OF THE BOARD OF COUNTY COMMISSIONERS

MONDAY, NOVEMBER 24, 1997

LAND-USE PLANNING MEETING

(#265)

The Board of County Commissioners met at 3:00 p.m. in regular session with Larry Timm, Director of Planning. Commissioner Disney presided and Commissioners Clarke and Olson were present. Also present were: Russell Legg, Chief Planner; Dan Tasman and Keith Schuett, Planners II; Rob Helmick, Senior Planner; John Pedas, Code Enforcement Officer; Lonnie Sheldon, Project Engineer; Doug Ryan, Environmental Health Planner; and George Hass, County Attorney. Recording Clerk, Sherry Graves.

Chair Disney stated that the following are consent items and will not be discussed in detail unless requested by the Commissioners or members of the audience. Gene Fischer requested that the Komer Special Review be removed from the consent agenda.

1. VISTA VIEW PUD RELEASE OF LOT SALE RESTRICTIONS FOR

PHASE II B, LOTS 5 - 11, 37-50, AND 87 - 89 (#94-MS0505): SE 1/4 OF

SW 1/4 25-06-69 ON THE NORTH SIDE OF 57TH STREET, 1/2 MILE EAST

OF U. S. HIGHWAY 287, NORTHEAST CORNER OF MONROE AND 57TH

STREET

This request is to release the lot sale restriction on Lots 5 - 11, 37-50, and 87 - 89 of Vista View Estates Planned Unit Development Phase II B. The staff recommendation is for approval of the request for the release of Lot Sale Restriction on Lots 5 - 11, 37-50, and 87 - 89 of Vista View Estates Planned Unit Development Phase II b; warranty collateral must be provided.

2. FOX ACRES COUNTRY CLUB 3RD AND 4TH FILING, LOTS 7 - 9

AMENDED PLAT (#97-SA1142): 28-10-73 - FOX ACRES DRIVE EAST,

FOX ACRES COUNTRY CLUB IN RED FEATHER LAKES; .01 ACRES;

E1-ESTATE ZONING

This is a request for an Amended Plat to move building envelopes and readjust boundary line of common properties for Fox Acres Country Club. Staff findings include: 1) The proposed Amended Plat is in compliance with the Larimer County Land Use Plan, the Larimer County Zoning Resolution, and the Larimer County Subdivision Resolution; 2) Approval of the Amended Plat will not result in any significant impacts to neighboring properties, the natural environment, or the provision of services and infrastructure; 3) Property values in the surrounding area would not be adversely affected by the Amended Plat. The staff recommendation is for approval of the Fox Acres Country Club Amended Plat of Lots 7, 8 and 9 of Envelope I, and a portion of the common property of the 4th Filing, and a portion of the 3rd Filing.

3. FOX ACRES COUNTRY CLUB 2ND & 3RD FILING, LOTS 1, 12, 26, 57

AND 82 AMENDED PLAT (#97-SA1143): 22/27/28-10-73 - FOX ACRES

DRIVE EAST, FOX ACRES COUNTRY CLUB IN RED FEATHER LAKES;

.01 ACRES; E1-ESTATE ZONING

This is a request for an Amended Plat to move building envelopes and readjust boundary line of common properties for Fox Acres Country Club. Staff findings are: 1) the proposed Amended Plat is in compliance with the Larimer County Land Use Plan, the Larimer County Zoning Resolution, and the Larimer County Subdivision Resolution; 2) Approval of the Amended Plat will not result in any significant impacts to neighboring properties, the natural environment, or the provision of services and infrastructure; 3) Property values in the surrounding area would not be adversely affected by the Amended Plat. The staff recommendation is for approval of the Fox Acres Country Club Amended Plat of Lots 1, 12, 26, 57, and 82, Envelopes G, H and J and a portion of the common properties of the 2nd Filing, and a portion of the 3rd Filing.

4. FOX ACRES COUNTRY CLUB 1ST & 3RD FILING, LOTS 8 AND 9,

AMENDED PLAT (#97-SA1144): NW 1/4 8-10-73 - PRAIRIE DIVIDE ROAD,

FOX ACRES COUNTRY CLUB IN RED FEATHER LAKES; .01 ACRES;

E1-ESTATE ZONING

This is a request for an Amended Plat to move building envelopes and readjust boundary line of common properties for Fox Acres Country Club. Staff findings include: 1) The proposed Amended Plat is in compliance with the Larimer County Land Use Plan, the Larimer County Zoning Resolution, and the Larimer County Subdivision Resolution; 2) Approval of the Amended Plat will not result in any significant impacts to neighboring properties, the natural environment, or the provision of services and infrastructure; 3) Property values in the surrounding area would not be adversely affected by the Amended Plat. The staff recommendation is for approval of the Fox Acres Country Club Amended Plat of Lots 8 and 9, Envelopes A and B, and a portion of the common properties of the 2nd Amended Plat 1st Filing and a portion of the 3rd Filing.

5. FOX ACRES COUNTRY CLUB 1ST & 4TH FILING LOT 1 AMENDED

PLAT (#97-SA1139): 22/27/28-10-73, FOX ACRES DRIVE WEST,

FOX ACRES COUNTRY CLUB IN RED FEATHER LAKES; 1.1 ACRES;

E1-ESTATE ZONING

This is a request for an Amended Plat to move building envelopes and readjust boundary line of common properties for Fox Acres Country Club. Staff findings are: 1) The proposed Amended Plat is in compliance with the Larimer County Land Use Plan, the Larimer County Zoning Resolution and the Larimer County Subdivision Resolution; 2) Approval of the Amended Plat will not result in any significant impacts to neighboring properties, the natural environment, or the provision of services and infrastructure; 3) Property values in the surrounding area would not be adversely affected by the Amended Plat. The staff recommendation is for approval of the Fox Acres County Club Amended Plat of a portion of common properties of the 2nd Amended Plat Firs Filing, Lot 1, Envelopes G and J, and a portion of the common properties of the 2nd Filing, Envelope I, and a portion of the common property of the 4th Filing, and the 3rd Filing.

6. CONTINENTAL NORTH SUBDIVISION 2ND FILING, LOT 10

EASEMENT VACATION (#97-SA1140): 30/31-07-69 - 3713 SODERBERG

DRIVE, FORT COLLINS; .02 ACRES; O-OPEN ZONING

This is a request to vacate a 10' wide easement in the rear yard. Staff findings include: 1) The section of easement is not essential to traffic circulation or the provision of services to properties in the subdivision; 2) Approval of the easement vacation will not result in any significant impacts to neighboring properties, the natural environment, or the provision of services and infrastructure; 3) Property values in the surrounding area would not be adversely affected by the easement vacation. The staff recommendation is for approval of the Continental North Subdivision Second Filing, Lot 10 Easement Vacation.

7. BERTHOUD LAKE RANCHETTES PLANNED UNIT DEVELOPMENT

AMENDED PLAT (#97-SA1141FPO): 11-04-69 - NORTHEAST CORNER

OF COUNTY ROADS 17 AND 10E, LOTS 10-53 AND 57-66 OF

BERTHOUD LAKE RANCHETTES IN BERTHOUD; 73 ACRES;

E1-ESTATE ZONING

This is a request for an Amended Plat to change conditions of approval on the Final Plat to allow a minimum rear yard setback of 15' instead of 25'. Staff findings are: 1) Approval of the Amended Plat will not result in any significant impacts to neighboring properties, the natural environment, or the provision of services and infrastructure; 2) A 15' rear yard setback for accessory buildings would not be contrary to the purpose of the E-1 zoning district, or cause any encroachments on utility easements. The staff recommendation is for approval of the Berthoud Lake Ranchettes PUD Amended Plat, with the following conditions: 1) The minimum rear yard setback of 15' shall apply only to single story accessory buildings.

M O T I O N

Commissioner Clarke moved that the Board of County Commissioners adopt the staff findings and staff recommendations and approve the Vista View PUD Release of Lot Sale Restrictions for Phase II B, Lots 5 - 11, 37, 50 and 87 - 89 (#94-MS0505); Fox Acres Country Club 3rd & 4th Filing, Lots 7-9 Amended Plat (#97-SA1142); Fox Acres Country Club 2nd & 3rd Filing, Lots 1, 12, 26, 57, and 82 Amended Plat (#97-SA1143); Fox Acres Country Club 1st & 3rd Filing, Lots 8 & 9 Amended Plat (#97-SA1144); Fox Acres Country Club 1st & 4th Filing, Lot 1 Amended Plat (#97-SA1139); Continental North Subdivision 2nd Filing, Lot 10 Easement Vacation (#97-SA1140); and Berthoud Lake Ranchettes Planned Unit Development Amended Plat (#97-SA1141); each, with conditions as outlined.

Motion carried 3 - 0.

8. KOMER SPECIAL REVIEW (#97-ZR1032): PART OF THE NORTHWEST

1/4 OF SECTION 33, TOWNSHIP 8 NORTH, RANGE 69 WEST, OF THE

6TH P.M. IN LARIMER COUNTY, COLORADO; SOUTH OF AND

ADJACENT TO COUNTY ROAD 54G, 3/4 MILES WEST OF TAFT ROAD,

2817 WEST COUNTY ROAD 54G; 18 ACRES; B-BUSINESS AND

FA-1 FARMING

This is a request for Special Review and a Site Specific Development Plan for a six-acre gravel mine to be completed within two years. Mr. Schuett stated that the concern that has been raised is on injury to a ditch and a drain that cross the property; he noted they have been in discussion with the applicant and representatives of the ditch company to try and resolve the concerns and they feel some agreement can be reached. Mr. Fischer stated that there are some conditions they feel are very important to the granting.

M O T I O N

Commissioner Olson moved that the Board of County Commissioners table the Komer Special Review (#97-ZR1032) until 3 p.m. on December 8, 1997.

Motion carried 3 - 0.

9. WEBER HORSE BOARDING FACILITY SPECIAL REVIEW (#97-ZR1046):

10-06-68 - NORTH OF COUNTY ROAD 34E AND THE WESTERN I-25

FRONTAGE ROAD; 19 ACRES; 2 LOTS; FA-1 FARMING ZONING

This is a request for Special Review to convert an existing non-conforming 10 horse boarding facility to a 20 horse boarding facility and for placement of a mobile home on site for farm help. Mr. Helmick reviewed the site location and stated that the applicant has no conflict with the conditions as proposed by staff; he noted, however, that at the Planning Commission hearing a concern was raised regarding an existing non-conforming billboard, which is a legal use but is non-conforming with respect to current county regulations. Mr. Helmick stated that it has been the policy in the past to request removal of those non-conforming items when application is made for a change of the property use; he noted that another issue of concern is the right-of-way for County Road 34E is somewhat confused in terms of location of the road and where the ROW exists with respect to property lines. Mr. Helmick stated that in dealing with the applicant, who had signed a long-term lease for the billboard and was reluctant to remove it or break that lease, staff felt that an appropriate accommodation for this was to ask the applicant to prepare a deed of dedication for the 35' half width of the right-of-way along the property boundary for CR 34E; he noted that some of the Planning Commission members wanted to approve the request for Special Review but limit the life of the lease, which is approximately 20 years; however, that motion failed. Subsequently, the recommendation that the sign remain on the property was forwarded to the Commissioners.

Staff findings include: 1) The request complies with the requirements of the Comprehensive Zoning Resolution; 2) The use for an agriculturally related purpose is consistent with the Plan for the Region, which designates this site as open land/rural area; 3) There have been no comments from adjoining neighbors. The increased use of this site is consistent with the surrounding area and uses. There is no evidence that this change in use will negatively affect nearby or adjoining properties; 4) The level of use on the site with an approved pasture management plan will not adversely affect the public health, safety or welfare. The dedication of additional ROW on CR 34E is a public benefit while allowing the existing billboard to remain; 5) The recommendations of surrounding local governments - Fort Collins, Loveland and Windsor - have no conflict with the request.

The Planning Commission/Staff recommendation is for approval of the Weber Horse Boarding Special Review, with the following conditions: 1) The facility be operated in conformance with the representations of the applicant in the materials submitted for review; 2) The applicant prepare a deed of dedication for the 35-feet of right of way along CR 34E; 3) The mobile home is exclusively for the use of this operation and the farm help on site. The mobile home shall not be used as a rental dwelling unrelated to the agricultural use of the site. The mobile home may only remain on the site if the use as a 20-horse boarding operation continues.

M O T I O N

Commissioner Clarke moved that the Board of County Commissioners adopt the staff findings and Planning Commission/Staff recommendation and approve the Weber Horse Boarding Facility Special Review (#97-ZR1046), with conditions as outlined.

Motion carried 3 - 0.

10. CLARK TRAVEL TRAILER VIOLATION (#97-ZV0973): 3992 W.

COUNTY ROAD 50

This alleged violation is for moving in an AirStream Trailer, hooking to electrical power, propane, telephone and occupying the trailer on a semi-permanent basis without building on the lot. Mr. Pedas submitted a map of the area and photos of the site, provided the background information concerning the violation, and reviewed the major issues and concerns. Mr. Pedas stated that the staff report indicated that to date no permits have been applied for; however, during the lunch hour today, an application for a permit was received from Mr. Clark. Mr. Pedas noted that this site is in an approved subdivision and in reviewing those conditions of approval, it states that all utilities must be located underground and an access permit shall be required for any new access onto CR 50 or change in use of any existing access; neither of these conditions have been met. Staff findings are: 1) The subject property is zoned FA-Farming District; 2) The FA-Farming District does not permit travel trailer parks or campgrounds; 3) The trailer on the site is connected to utilities and is occupied on an intermittent basis; 4) No other permits for permanent structures have been issued for the site; 5) The presence of the travel trailer is a visual nuisance and disruption in the neighborhood; 6) Continued use ofd the property for a travel trailer park will affect property values in the neighborhood. The staff recommendation is to find that a violation exists, require compliance within 10 days, and authorize legal action if the deadline is not met.

Peter Clark, property owner, stated that when he purchased this property last winter, they had this AirStream trailer in storage and he moved it to this site for storage of materials while constructing a residence on this property. In February of this year, they had to move his aged mother into an Alzheimer unit at a cost of $2500 per month, which has severely impacted the funds available to build; he noted they are now ready to start construction and they will move the vehicle closer to the building site. Mr. Clark emphatically stated that this trailer is being used for storage and not being lived in by anyone; he noted he has mowed the weeds and kept the property clean and he has spoken to all the neighbors and only one has objected to the AirStream. Mr. Clark submitted pictures of adjacent properties which have multiple inoperable vehicles; he noted that the AirStream is licensed and operable and therefore no zoning violation exists.

Chair Disney stated that if no one is living in the AirStream, there is no violation; he asked Mr. Clark if Mr. Pedas could come to the site and look inside the trailer to confirm that it is being used for storage of tools only in order to alleviate the concerns of any other calls the Board might receive. Mr. Clarke indicated that would be fine; after further discussion, the Board determined that a violation does not exist and no action will be taken.

The hearing recessed at 3:50 p.m.

CONTINUATION OF LAND-USE HEARING

(#265, #266 & #267)

The Board of County Commissioners reconvened at 7:00 p.m. in regular session with Larry Timm, Director of Planning. Chair Disney presided and Commissioners Clarke and Olson were present. Also present were: Richael Michels, Planner II; Rex Burns and Lonnie Sheldon, Project Engineers; Doug Ryan, Environmental Health Planner; and Jeannine Haag, Assistant County Attorney. Recording Clerk, Sherry Graves.

1. STANTON BRIDGE PLANNED UNIT DEVELOPMENT (#97-MS0991):

NE 24-6-69 - SOUTH SIDE OF COUNTY ROAD 32, 1/2 MILE EAST OF

U. S. HIGHWAY 287, 1/4 MILE WEST OF COUNTY ROAD 13 (LEMAY)

40.76 ACRES; 20 LOTS; FA-1 FARMING ZONING

This is a request for Master Plan and Preliminary Plan to divide 40.7 acres into 20 lots of .7 - 3.82 acres for single family dwellings with 11.8 acres of open space. Ms. Michels described the project and location and reviewed the major concerns and issues; she noted that the overall density proposed is 2 acres per unit, which is the maximum density allowed, and much of the area around this site is either developed or platted for development. Ms. Michels stated that the PUD Resolution requires 30% open space and this proposal shows 11.8 acres of open space which is 29%; however, at the Planning Commission hearing, a new condition requiring the applicant to provide 30% open space was added and the applicant has agreed to this condition. Ms. Michels continued that there also has been some concern that the land being used to calculate the open space should not be considered because it may not be "developable land" and the PUD resolution requires that the 30% of open space must be located on developable land. Staff findings include: 1) This proposed subdivision is compatible with the surrounding land uses and future development plans for the area it is located in; 2) The Larimer County Health and Engineering Departmsnts, as well as other reviewing agencies, have reviewed this proposal and have stated their recommended conditions of approval for this project; 3) The proposed subdivision meets the criteria of the Larimer County Zoning Resolution, the Larimer County Planned Unit Development Resolution, and the Larimer County Comprehensive Land Use Plan; 4) The approval of this subdivision, with certain conditions, should not adversely affect the health, safety, or welfare of existing residents. The Planning Commission/Staff recommendation is for approval of the Stanton Bridge Planned Unit Development, with numerous conditions (which will be outlined in detail if this item is approved on December 8, 1997).

Don Lefler, representative for the applicant, stated that this proposal represents a transition of lot sizes from the surrounding areas and the creation of an atmosphere of blended rural and urban settings and the applicant has tried to address the issues of preservation of natural corridors for wildlife and drainage; he described the features and key points of the entryway and noted that this site is unique because it only has one access point and to meet the criteria for design requirements of both the County and the Fire Department, they have created two accesses within one. Mr. Lefler stated that sewer services are available to all the lots. Leo Schuester, applicant, reviewed the history of the subdivision and noted that to address the concern of the adjacent property owners regarding the burrowing owl, they applied for a Federal Wildlife Permit and were informed that burrowing owls don't exist on this site; however, to address the neighbors' concerns, he offered to find out what the actual nesting period of the burrowing owl is and agree not to develop during that time.

At this time Chair Disney noted for the record that a letter was received from Thomas Williams-Cipriani in opposition to this proposal. The following persons addressed the Board also in opposition and cited their concerns: Bob Long, Don Weiss, Dan Griffin, and Sandra Tinsman. Mr. Long stated that the PUD Resolution allows for a lot of flexibility, which is positive, but also may be used to allow some things that may not be appropriate; he noted that this proposal allows the maximum benefit for the developer for meeting the minimum specifications of the PUD requirements. Mr. Long continued that this site is in the corridor area and is going to the maximum allowable density for a PUD, which doesn't seem appropriate as the corridor was intended to create a buffer space between Fort Collins and Loveland; he stated that this area would be ideal for 5-acre lots. Mr. Long also stated that it does not seem right to use undevelopable land in the 30% open space; he noted that the previous proposal was 80% open space with the 5-acre lots. Mr. Weiss concurred with Mr. Long's statements and noted his main concern is that the lot sizes are at the minimum of a PUD and he requested the Board deny the proposal. Mr. Griffin stated that the original approved plat was for 8 lots on 40 acres and this proposal for 20 lots is mainly for financial gain for the developer. Ms. Tinsman stated that part of this proposal is in the floodplain and the guidelines for developable land say the open space should be outside a designated flood plain; she noted that the proposal is too dense and she asked if there will be sidewalks. Ms. Tinsman continued that she disagrees with the U. S. Fish and Wildlife report because there is abundant wildlife on this property; such as, red tail hawks, great horned owl, burrowing owls, etc.; and she also noted that this proposal does not provide a sufficient buffer in the corridor.

Mr. Lefler responded that the developer is not trying to utilize only the minimum guidelines, they are utilizing a PUD process and trying to abstain from maximizing the densities that could be allowed on this parcel of land under the subdivision process as they want to preserve the natural wildlife corridors that exist. Mr. Lefler noted that there is a reservation for a pedestrian access to the adjacent subdivision to the south; however, there are no sidewalks proposed. Ms. Michels stated that traditionally they have not required sidewalks in rural subdivisions in order to make it appear more rural. Mr. Burns suggested that the total roadway be 32 ft. rather than the 28 ft. as the design shows; the developer concurred. Mr. Schuester reviewed the history of the easement reservation for the pathway between Lots 5 and 6; he noted they made a reservation for a pedestrian easement until permission is given to traverse across the private easement in Highland Park. With regard to the concern about the wildlife in the area, Ms. Michels read the letter from the U. S. Fish and Wildlife stating that there are no migratory birds or nests to be removed or relocated; however, she noted that the Board could add a condition that they cannot develop during owl nesting season, as suggested by the applicant.

Commissioner Clarke read from the PUD regulations on page 14, section 8, paragraph c, which states that lakes and other water courses may not be considered as part of developable land in the required 30% of open space; there was much discussion of the water table on this site and the Board's concern for setting a precedent by allowing the large increase from 8 units to 20 units without public benefit and the change of a concrete culvert over Stanton creek rather than the bridge as originally proposed. Mr. Schuester stated he researched the record and there was nothing about a bridge; he noted they are bringing a 12-inch water line down CR 32 to Lemay with no outside financial help and the bridge would cost approximatly $150,000 and having only 8 lots in the development will not cover their costs. Mr. Lefler noted that a standard subdivison allows 10,000 sq. ft. per lot and at CTR they were proposing 50 lots; however, in recognizing the characteristics of the adjacent subdivisions, they chose to go through the PUD process and reduce the number of lots to 20. At this time, Ms. Michels submitted a copy of the original map showing the layout of the lots and the bridge over the creek - a 30 ft. span pre-fabricated steel bridge with 28 ft. wide guard rails. Much discussion followed regarding additional conditions of approval to be included and it was decided to take the following action.

M O T I O N

Commissioner Olson moved that the Board of County Commissioners table the Stanton Bridge Planned Unit Development until 3 p.m. on December 8, 1997 to allow time to resolve the issues and write additional conditions of approval regarding exclusion of the flood plain and waterway in the 30% required open space, the burrowing owls and their nesting period, and the esthestics and structural aspects of the bridge over Stanton creek.

Motion carried 3 - 0.

2. CLYDESDALE PARK PLANNED UNIT DEVELOPMENT MASTER PLAN

(#97-MS1014): SOUTH OF AND ADJACENT TO HIGHWAY 14, 1/2 MILES

EAST OF I-25 - PART OF THE NORTHWEST 1/4 OF SECTION 15,

TOWNSHIP 7 NORTH, RANGE 68 WEST OF THE 6TH P. M. LARIMER

COUNTY; 75 ACRES; 220 LOTS; R-1 RESIDENTIAL ZONING

This is a request for a Master Plan for a 220 lot residential subdivision on 75 acres (33 patio homes and 187 single family dwelling units). Mr. Schuett stated that a proposal for a Master Plan is a conceptual review of the project to determine the feasibility of the proposal and the technical review of the project will be with the Phase Plan and Final Plan; he described the location of the proposal and noted that the net density proposed is for 3.72 dwelling units per acre. Mr. Schuett continued that the planning concepts include the new street standards adopted by the City of Fort Collins, "tree lawns", formal setbacks, "Village Green" style open space areas, and other design elements proposed in the plan; he noted that water is to be provided by ELCO, sanitary sewer is proposed to be provided by Boxelder Sanitation, and access to a public road will be off State Highway 14. Mr. Schuett stated that with the increased traffic on Highway 14, access becomes an issue that must be addressed; he noted that Tess Jones, State Highway Department Access Coordinator, has indicated that a complete traffic study will be required. Staff findings are: 1) The Larimer County Planning Staff determined that the proposed Planned Unit Development is in conformance with the Larimer County Land Use Plan and the Intergovernmental Agreement for the Fort Collins Urban Growth Area; 2) Based upon the information provided, it appears that the site in question is suitble for the proposed residential development; 3) The proposed residential development conforms with the general objectives and purposes of the Larimer County Planned Unit Development Resolution. The Urban Growth Area Review Board/Staff recommendation is for approval of the Planned Unit Development Master Plan application for Clydesdale Park PUD, with a number of conditions.

Chair Disney raised the concern regarding the addition of more traffic at the I-25 and Highway 14 interchange, which is 1/2 mile to the west, without major improvements being made; he referred to the accident history at this intersection and that temporary modifications have been made, but it will quite a few years before permanent improvements are made. Mr. Burns noted for the record that the intersection into this development from Highway 14 will be signalized.. Commissioner Olson asked if the City of Fort Collins has reviewed this plan; Mr. Schuett responded in the affirmative and they commented that it did not fit in with their structure plan, but they did not take into account the existing zoning. Mr. Timm stated that this is one of the inconsistencies they are trying to resolve with the IGA with the City of Fort Collins.

Eldon Ward of Cityscape Urban Design and representative for the applicant, stated that this site had a previous plan approved in 1985 for 358 dwelling units (5 units per acre); he noted that with this proposal, they have done a better job of distributing the open space (60%), improved an emergency access to Kitchell Estates, and set the stage to allow for three other street connections to the adjacent properties. Mr. Ward stated that this proposal is consistent with the zoning, is served by existing utilities, and is contiguous to existing development on the north and the south.

Questions from the Board and discussion followed; Chair Disney noted for the record that the Board received correspondence from the Kitchell Estates Homeowners', signed by 20 property owners, citing concerns about this development. Mr. Schuett noted that a letter from John Hunsinger was also received. The following persons addressed the Board with their concerns and in opposition to this proposal: Howard Stetser; Michael Warring, Deb Cape, Don Finn, Amanda Wright, and Kathleen Schmidke. Mr. Stetser submitted a letter signed by several homeowners in Kitchell Estates stating that at the Planning Commission meeting, the developer agreed to install a barrier along the south border of the development to ensure the privacy and protection of adjacent properties; these property owners requested official reaffirmation of this agreement and asked that this barrier be a six-foot high chain link fence with shrubs along both sides to aesthetically hide the fence. Chair Disney asked if the homeowners on the Kitchell Estates side are willing to maintain these shrubs; Mr. Stetser indicated that he would and he doesn't think this will be a problem for the other homeowners. Mr. Warring submitted a letter and petitions signed by homeowners in Vista Bonita, Kitchell Estates, Homestead Estates, Timnath Meadows, Ridgewood Meadows, Cloverleaf Mobile City, and unincorporated Larimer County citing their concerns regarding the impact on traffic and safety in the area, the impact on currently strained county services due to increased volume, the implications on surface and sub-surface drainage due to the high water table in the area, concern of school redistricting, and the incompatibility of a high density development next to existing low-density development. Mr. Warring spoke to each of these concerns; he noted that 1995, traffic studies show that this interchange rates 42 in terms of daily traffic out of 58 interchanges north of Denver and it rates 2nd in the number of fatalities and this development, as proposed, would increase the traffic by 33%. Mr. Warring stated the homeowners are not trying to stop development; however, they want restrained growth and they think that a reduction in density would alleviate some of the concerns. Ms. Cape stated that appropriate land use within the R-1 zoning is the issue; she noted that the references made to the former Master Plan approved in 1985 are obsolete and not valid today. Ms. Cape stated that the proposed Master Plan has density that is incompatible with the adjacent areas; she made the comparison that Kitchell Estates is comprised of 80 acres and has 16 homes and this proposal is for 220 homes on 75 acres and there aren't good support services to accommodate this kind of density. Mr. Finn commented on the general appearance of the proposal and noted that according to the County's new Master Plan, what is desired is a cluster plan to give the appearance of open land in the country and this plan does not follow that guideline. Ms. Wright requested the Board's assistance in developing responsibly; she concurred with Chair Disney's concern about the I-25 and Highway 14 interchange as it is deadly and it could be at least seven years before it is improved. Ms. Schmidke noted that there is no high density along the corridor at each of the main intersections in Larimer County along I-25 and approval of this proposal will open density on the east side of I-25.

Mr. Ward responded to the concerns raised and stated that the applicant has tried to do something that is appropriate for the area and noted that there is a broad mix of uses and densities in this area and eliminating these 220 units is not going to change the character or impact on the I-25 and Highway 14 interchange.

At this time the public comment portion of the hearing was closed and opened for Commissioners' remarks; Chair Disney stated that until major improvements are made to the I-25 and Highway 14 interchange, it would be ill advised to put any more traffic counts on this road. Commissioner Clarke stated that with the 6,000 vehicle trips per day on the intersection where this project intersects Highway 14, and adding 1800-1900 more daily trips, it would be irresponsible to approve placing any additional vehicle trips on this road for anyone until major improvements are made because there is a problem here that is costing lives. Chair Disney assured the applicant that, as representative on the North Front Range Transportation Air Quality Planning Council, he will try and do everything he can to obtain funding for these improvements as quickly as possible. Commissioner Olson asked how this matter can be resolved for the applicant and not leave them in limbo; Chair Disney responded that in the Master Plan that is adopted for the Partnership Land Use System, a substantial portion of the Plan relies on adequate public facilities and states that if you want to develop, you either wait for adequate public facilities to reach you or you pay for installing them. Commissioner Clarke stated that this is very upsetting to him because he believes in the rights of people to use their property, but he agrees with the comments about public safety.

M O T I O N

Commissioner Clarke moved that the Board of County Commissioners deny the Clydesdale Park Planned Unit Development Master Plan (#97-MS1014MPO).

Motion carried 3 - 0.

The hearing adjourned at 10:10 p.m.

TUESDAY, NOVEMBER 25, 1997

ADMINISTRATIVE MATTERS

(#268 & 269)

The Board of County Commissioners met at 9:00 a.m. in regular session with Neil Gluckman, Assistant County Manager. Chair Disney presided; Commissioners Clarke and Olson were present. Also present were: Marc Engemoen, Public Works Director; John MacFarlane, Parks and Open Lands Director; K-Lynn Cameron, Open Lands Manager; Kathy Snell, Health and Human Services Director; Glen Rathgeber, Deputy Director; Ed Rutherford, Administrative Support Services Manager; Frank Lancaster, County Manager; Janelle Henderson, Natural Resources Director; Ralph Jacobs, Human Resources Director; and Deni LaRue, Community Information Manager. Recording Clerk, Gael Cookman.

1. OPEN SESSION FOR PUBLIC COMMENT: The following persons addressed the Board for public comment: Ronald Kunan and Joan Sipes. Mr. Kunan explained that he disagrees with the rule in his mobile home park which states that if a trailer is 20 years old and it is sold, it must then be moved out of the trailer park; he believes this is unconstitutional and makes the trailer less valuable. Mr. Kunan also noted that the value of the trailer should not be determined solely on the age factor, but that owner care and maintenance, and the construction of the trailer, should also be determining factors. Chair Disney explained the County's involvement with regards to mobile home parks is limited to approving them as a land use and ensuring a means of affordable housing; he explained that once a trailer park is approved as a land use the County has no say as to what rules the park owner dictates, unless there is a health or safety issues involved. Commissioner Olson asked if Mr. Kunan had addressed this issue to the Mobile Home Park Association; Mr. Kunan indicated that he had not. Mr. Kunan stated that he feels government should be more involved with the rules on these parks. Commissioner Clarke explained that it is the park owners land and therefore he has the right to make the rules. Chair Disney recommended that if Mr. Kunan wanted to pursue this issue, he should address it with the State Legislature as they are capable of making or changing the law.

Ms. Sipes presented a petition of 403 signatures regarding the intersection of County Road 15 and State Highway 1 and State Highway 1 and County Road 58 and 9, stating that these are two bad intersections. Commissioner Clarke noted that they are aware of the dangerous situation at these intersections and noted that he and Commissioner Olson were just out there last week looking at the problem. Mr. Engemoen explained that he has been working with the Colorado Department of Transportation trying to determine the best way to deal with the safety concerns of these intersections; he explained that from a traffic engineering point of view, the change is safer now since they eliminated some of the access points and concentrated them at a single 90 degree intersection. Mr. Engemoen noted that the situation would even be better if there could be some right turn lanes off of Highway 1 onto the new access points and he is working with Jeff Kulman, from the Department of Transportation on some funding for creating the right turn lanes. Commissioner Disney asked if the humps could be leveled out to make it a little safer. Mr. Engemoen stated that this is possible, but it would be a major undertaking that would be very expensive. Mr. Engemoen explained that the most dangerous portion of the road is the connecting area between county road 15 and highway 1 and when they tried to close this area they received a lot of opposition from local farmers because they depend upon this access during the farming season. Mr. Engemoen noted that he plans to have a public meeting in Wellington to address this issue; he also stated that he would keep in contact with Ms. Sipes.

2. APPROVAL OF MINUTES FOR THE WEEK OF 11/18/97:

M O T I O N

Commissioner Clarke moved that the Board of County Commissioners approve the Minutes for the week of 11/18/97 as submitted and revised.

Motion carried 3-0.

3. APPROVAL OF THE SCHEDULE FOR THE WEEKS OF 12/1/97 AND 12/8/97:

M O T I O N

Commissioner Olson moved that the Board of County Commissioners approve the schedules for the weeks of 12/1/97 through Friday morning and 12/8/97.

Motion carried 3-0.

4. APPROVAL OF CONSENT AGENDA:

M O T I O N

Commissioner Olson moved that the Board of County Commissioners approve the following documents as listed on the Consent Agenda on Document Review for November 25, 1997:

REAPPOINTMENTS TO THE WELD/LARIMER REVOLVING LOAN FUND: The following reappointments were made to the Weld/Larimer Revolving Load Fund: Kathy Kregel for a three year term effective January 1, 1997 through December 31, 1999; and Karen Wolf for a three year term effective January 1, 1998 through December 31, 2000.

MISCELLANEOUS DOCUMENTS: Warrant Register for October 1997; Final Plat for Jensen Subdivision; Glacier View Meadows 8th Filing Lots 12 & 13 Amended Plat; Crozier Mountain Subdivision Lots 1 & 2; Glacier View Meadows Subdivision 6th Filing Lots 56 & 57; Red Feather Highland Subdivision Lots 30 & 38 Amended Plat; Boxelder Creek Acres Amended Plat.

A97-152 AGREEMENT BETWEEN THE BOARD OF COUNTY COMMISSIONERS AND THE CITY OF FORT COLLINS (Provide a means to distribute LEAF Grant Funds to the Fort Collins Police Services for Enhanced DUI Enforcement)

C97-57 CONTRACT BETWEEN THE BOARD OF COUNTY COMMISSIONERS AND RESTRUCTION CORPORATION (Rehabilitation of Bridge No. 63-11.8 - 44H)

D97-36 DEED OF CONSERVATION EASEMENT AND COVENANT RELATING TO DEVELOPMENT OF PROPERTY MADE BY JOHN B. JENSEN IN FAVOR OF LARIMER COUNTY REGARDING FINAL PLAT FOR JENSEN SUBDIVISION (Development Covenant is attached)

R97-173s FINDINGS AND RESOLUTION APPROVING THE COLONY RIDGE ESTATES II SUBDIVISION REPLAT

R97-174s RESOLUTION REGARDING THE RELEASE OF RESTRICTIONS ON SALE OF LOTS FOR OLHAUSEN MRD S-66-92

R97-175s FINDINGS AND RESOLUTION DENYING THE LOCKMAN MINOR RESIDENTIAL DEVELOPMENT APPEAL

R97-176s FINDINGS AND RESOLUTION DENYING THE ZIMDAHL MINOR RESIDENTIAL DEVELOPMENT APPEAL

R97-177s RESOLUTION REGARDING THE RELEASE OF RESTRICTIONS ON SALE OF LOTS FOR VISTA VIEW ESTATES PUD

Motion carried 3-0.

5. DISCUSSION OF PARK RANGERS: Mr. MacFarlane brought four park rangers before the Board in order to recognize park ranger Mark Kaufman for investigating a lone car parked at the entrance to Carter Lake, which resulted in him finding and rescuing a visitor who was rock climbing (alone) and had fallen. The visitor had dislocated his hip and fractured his ankle; he was hypothermic and going into shock. Mr. Kaufman administered first aid, called for help, and had the victim transported to McKee Medical Center where he is expected to make a full recovery. The Board of County Commissioners awarded Mr. Kaufman with a certificate of recognition and a gift certificate to a local restaurant.

6. LARIMER COUNTY TANF MAINTENANCE OF EFFORT: Ms. Snell explained that she and her staff wanted to follow-up on their worksession with the Board regarding the Maintenance of Effort for Temporary Aid to Needy Families (TANF); she requested direction from the Board on how to present Larimer County's position on this issue to Colorado Counties Inc. (CCI). Ms. Snell noted that some counties would like to see the Maintenance of Effort level reduced to 68 percent, which would allow them to redirect funds once spent on welfare to other pressing needs, such as roads, jails, etc. Ms. Snell stated that this money is critical to the success of their welfare program, and she would not recommend redirecting any money that is earmarked for this program. Mr. Rutherford explained that in essence, the more dollars this program spends, the less County money is spent in proportion to the total. Commissioner Clarke wanted to know what kind of guarantee there was that the State would increase their share if our spending did increase. Ms. Snell stated that there is no guarantee, but she did not foresee any escalators that would require more funding for this program. Ms. Snell recommended that she present this issue to CCI as Larimer County not wanting a change at all, but if a change is necessary, then it should not be less than 82 percent. After some discussion the Commissioners agreed to present it in this manner.

7. WORKSESSION: Mr. Gluckman explained that there is a Regional Cooperation session scheduled for the upcoming Land Use Conference, and a Commissioner has been requested to be part of the panel during this session. Commissioner Disney indicated that he would participate on the panel.

Mr. Gluckman noted an employee has requested the Commissioners consider giving county employees two additional days off this year: the day after Christmas and the day after New Years. Mr. Gluckman explained that this employee felt since Christmas and New Years' Day fall on a Thursday this year the following Friday's would be would be "slower" business days in terms of customers, and scheduling etc. Mr. Jacobs stated that this has been a tough year for County employees, and if something extra was to be given to the employees, this seemed like an appropriate year to do so. However, he also had a number of reasons why this might not be a good idea. Commissioner Clarke questioned whether this would be a good idea in terms of providing customer service since it would mean closing the courthouse for two days, two weeks in a row. Commissioner Disney stated that it would probably not send a very good message to the taxpayers. Commissioner Olson recommended discussing this on Monday at the luncheon with the Executive Council.

8. COMMISSIONER REPORTS: Commissioner Olson stated that LAPEC is having some internal problems and there are some issues with the mission and how it fits into PLUS; she wanted the Commisioners to know that this might become an issue for the them to deal with soon.

Commissioner Disney outlined his meeting with the governor, noting that he was a little frustrated because were not able to discuss topics he felt were more pressing; he intends to follow-up with the governor to talk about impact fees and TDR's , etc.

9. LEGAL MATTERS: Mr. Hass asked for clarification on a peition from the City of Fort Collins requesting to annex the landfill property into city limits; he had questions regarding the legal description and exactly which portion of the landfill the city was asking to annex. Mr. Hass stated that he was concerned with the zoning being classified as POL (Public Open Land), as landfills or shooting ranges are not permitted in this zone; he recommended addressing this in the petition. Some discussion followed regarding what impact this would have on the property and the landfill operations if this was approved. Ms. Henderson questioned what the possible gain would be to the county if we did this, especially if we decided to use this site as a transfer station in later years. Mr. Lancaster stated that maybe it would be better to just annex a 100 foot strip on the east side of the property, which would allow the city to continue annexation down the road, but still maintain the landfill operations within the county. After some discussion the Commissioners agreed that annexing a strip along the roadside would probably be the best idea and asked Mr. Hass to present this to the City.

Mr. Hass asked about the request by Mr. Teichner and Mr. Cable to build a fence in the County right-of-way on their mother's property on Waterdale Drive; the request was made in an effort to help alleviate some of the problems they are having with treaspassers and vandalism. Chair Disney explained that if a fence was allowed, it would have to be a chain link fence so that when the snow plows drove past, the snow would go through the fence; he further explained that a chain link fence would allow for better vision. Mr. Hass stated that historically the County has been very adamant about not allowing citizens to build in the County right-of-ways and feels that this request is unprecedented. Mr. Hass stated that he would tell Mr. Teichner and Mr. Cable that they will not be allowed to build the fence in the right-of-way and explain the reasons for this decision.

Ms. Haag explained that of three single family mortgage revenue bonds, two were able to be restructured but the 1980 bond issue is beyond repair; she stated that bond attorney Dan Lynch would like to start the necessary probate proceeding in Denver District Court to collapse that issue and liquidate whatever assets are left to pay the bond holders. Ms. Haag noted that the County really does not have any say in whether they do this or not, but they do inform the Commissioners in case there is serious opposition to this; she recommended that the commissioners make a motion to dismiss to the Court so there would be no recourse on the County. Ms. Haag stated that unless the Commissioners objected, she would tell Mr. Lynch to go ahead and proceed as planned. Ms. Haag also stated that there is some concern on how an escrow account was set up and she is waiting on an opinion from a bond attorney to see how this will affect the tax status of the bond holders if the money from this escrow account is disbursed to them.

Ms. Haag explained that she needed the Commissioners to approve two resolutions to extend the operating agreements of two cable franchise companies in order to reach a renewed agreement for the provision of cable television services within Larimer County.

M O T I O N

Commissioner Olson moved that the Board of County Commissioners approve the resolutions to extend the franchise agreements with Fanch Communications, Inc. and with Heritage Cablevision of Delaware, Inc. dba TCI, through December 31, 1997.

Motion carried 3-0.

R97-178g RESOLUTION BETWEEN THE BOARD OF COUNTY COMMISSIONERS AND HERITAGE CABLEVISION OF DELAWARE, INC. DBA TCI, TO EXTEND THE AGREEMENT TO OPERATE A CABLE TELEVISION SYSTEM IN THE COUNTY OF LARIMER, COLORADO

R97-179g RESOLUTION BETWEEN THE BOARD OF COUNTY COMMISSIONERS AND FANCH COMMUNICATIONS, INC., TO EXTEND THE AGREEMENT TO OPERATE A CABLE TELEVISION SYSTEM IN THE COUNTY OF LARIMER, COLORADO

M O T I O N

Commissioner Clarke moved that the Board of County Commissioners go into executive session with K-Lynn Cameron, Open Lands Manager.

Motion carried 3-0.

Meeting adjourned at 12:05 p.m.

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JIM DISNEY, CHAIR LARIMER COUNTY

BOARD OF COMMISSIONERS

MYRNA J. RODENBERGER

LARIMER COUNTY CLERK & RECORDER

( S E A L )

ATTEST:

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Sherry E. Graves, Deputy County Clerk

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Gael M. Cookman, Deputy County Clerk