PROCEEDINGS OF THE BOARD OF COUNTY COMMISSIONERS

MONDAY, MARCH 30, 1998

LAND-USE PLANNING MEETING

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The Board of County Commissioners met at 3:00 p.m. in regular session with Larry Timm, Director of Planning. Chair Olson presided and Commissioners Clarke and Disney were present. Also present were: Chief Planner Russ Legg; Project Engineer Lonnie Sheldon; and Jeannine Haag, Assistant County Attorney. Recording Clerk, Sherry Graves.

Chair Olson noted that this item was tabled from the March 23, 1998 hearing until today due to inclement weather conditions on March 18, 1998 and cancellation of the Planning Commission Hearing on this item.

1. ADOPTION OF THE CHANGES TO THE FORT COLLINS

INTERGOVERNMENTAL AGREEMENT AND THE LARIMER

COUNTY SUPPLEMENTARY REGULATIONS (#98-RL1168):

Mr. Legg stated that the purpose of the meeting today before the Board of County Commissioners is for their consideration of the adoption of the implementing regulations for the Fossil Creek Reservoir Area Plan, a revised IGA with the City of Fort Collins (which has been in place since 1980), and amendments to the boundary of the Larimer County Urban Growth Area Overlay Zone. Specifically, Mr. Legg noted that these actions include:

1) Adoption of Proposed Amendments to the Larimer County/City of Fort Collins Intergovernmental Agreement. The Intergovernmental Agreement between the County and the City of Fort Collins defines each parties rights and responsibilities with respect to annexation and development within the Fort Collins Urban Growth Area. Provisions of the Urban Growth Area proposed to be amended include annexation by Fort Collins, the County's agreement to adopt additional regulations for development in the Fossil Creek Area, funding by the City for facilities required by this agreement, and establishing the Larimer County Planning Commission as the reviewing Board for development in the Fossil Creek Reservoir Area.

2) Adoption of Proposed Amendments to the Boundary of the Larimer County Urban Growth Area (UGA) Overlay Zone. The Urban Growth Area boundary for Fort Collins is proposed to be amended to include an area generally located: On the north, the existing UGA boundary as it exists north of E. County Road 36; on the east, Interstate Highway 25; on the south, a diagonal line through Fossil Creek Reservoir and then due west of Duck Lake; on the west, the area that is not now in the city limits that lies between County Road 11 (Timberline Road) and the right-of-way for the rail line of the Union Pacific Railway.

3) Adoption of Proposed Amendments to the Supplementary Regulations to the Larimer County Comprehensive Zoning Resolution, Subdivision Resolution, Planned Unit Development Resolution and Mobile Home Resolution which are attached as Exhibit B to the Intergovernmental Agreement between the County and the City of Fort Collins and the County and the City of Loveland. These amendments, among other terms and provisions, require a site plan review for construction of large retail buildings and establish design standards for such buildings in the Fort Collins Urban Growth Area. Large retail establishments are defined as "a retail establishment or any combination of retail establishments in a single building , occupying more than twenty-five thousand (25,000) gross square feet of floor area in which sixty (60) percent or more of the gross floor area is devoted to the sale or rental of goods or merchandise to the general public for personal or household consumption or to services incidental to the sale or rental of such goods, except that no supermarket shall be deemed to be a large retail establishment".

4) Adoption of Proposed Amendments (Appendixes H, I and J). These amendments further contain terms and provisions related to development and uses for properties located within the area subject to the Fossil Creek Reservoir Area Plan, including, but not limited to: a) Density; b) Required clustering; c) Additional permitted uses; d) Transportation; e) Design standards; f) Natural areas; and g) Landscaping.

Mr. Legg stated that these actions and amendments have been recommended for approval to the Board by: A) Unanimous vote of the Fort Collins Planning & Zoning Board on March 5, 1998; B) Unanimous vote of Fort Collins City Council on March 17, 1998; and C) Unanimous vote of the Larimer County Planning Commission on March 25, 1998. The above Boards and Commissions recommend adoption of the Agreement, Rezoning, and Supplemental Regulatory Amendments with the following changes: 1) Appendix I of the IGA should be amended to include the range of .5-2 dwellings per acre in the Estate Residential Area; 2) Chapter 4 of the Plan and Appendix I of the IGA should be amended to require that development plans in the Resource Management Area cluster their dwelling units on 20% of the land with the residual parcel designated as permanent open space 3) Amend the IGA to allow annexation in the receiving area (south of CR 36 and east of Timberline Road) only if the County requests it. This wording should be a
"place holder" until more detailed discussions between the City and County occur in regard to the developing TDU program; 4) Add clarifying text to the Plan and the IGA in regards to the measurement of the 1/4 mile boundary line in the Resource Management Plan Area from the property line of the North Poudre Irrigation Company (which is approximately 50 feet above the high water line of the reservoir).

Mr. Legg introduced Joe Frank, Planning Director from the City of Fort Collins, and Pete Ray, Project Manager for Fossil Creek. Commissioner Disney expressed appreciation to staff who are the real heroes of these actions and amendments as this has been a very complicated and difficult task. Commissioner Clarke stated that the actions being approved today will change the complexion of what is planned and going to happen under governmental regulations in the area north of Fossil Creek Reservoir; he noted that the people that own land there are concerned, but he thinks these actions will enhance the property values in the area.

M O T I O N

Commissioner Clarke moved that the Board of County Commissioners approve the adoption of the Intergovernmental Agreement for the Fort Collins Urban Growth Area, dated September 7, 1998; as amended by this action and authorizing the Chairman of the Board of County Commissioners to sign the Agreement with the City of Fort Collins as amended on attachment 3.

Motion carried 3 - 0.

M O T I O N

Commissioner Clarke moved that the Board of County Commissioners approve the adoption of the proposed rezoning to amend the boundaries of the Larimer County Urban Growth Area Overlay Zone for the Fort Collins Area.

Motion carried 3 - 0.

M O T I O N

Commissioner Clarke moved that the Board of County Commissioners approve the adoption of the amendments to the Larimer County Supplemental Regulations (Exhibit B of the IGA) as proposed, including Appendices H, I, and J, and as shown on attachments 1 & 2.

Motion carried 3 - 0.

M O T I O N

Commissioner Clarke moved that the Board of County Commissioners approve the adoption of a resolution directing the Larimer County Transfer of Development Units (TDU) Task Force to hold public meetings regarding the draft TDU regulations during the months of April and May 1998; based on the outcome of these meetings, a proposed TDU program for the Fossil Creek Area is to be recommended as soon as possible.

Motion carried 3 - 0.

Mr. Legg stated that copies of the TDU regulations are available today for anyone that wants a copy.

The meeting adjourned at 3:20 p.m.

TUESDAY, MARCH 31, 1998

PUBLIC COMMENT AND DOCUMENT REVIEW

(#312 @ 1000)

The Board of County Commissioners met at 9:00 a.m. for the open session for public comment and for document review. Chair Olson presided and Commissioners Clarke and Disney were present. Recording Clerk, Sherry Graves.

1. OPEN SESSION FOR PUBLIC COMMENT: Ken Ashley addressed the Board during the open session for public comment; he requested the Board to encourage the completion of paving the remaining stretch of County Road 7. Mr. Ashley noted that two or three years ago, Western Mobile paved the first 1/4 mile south of Harmony and now Connell Resources is paving an additional 1/4 mile, which leaves 1/2 mile on south unpaved to the junction of CR 36. Mr. Ashley informed the Board that there are nine homes along this unpaved section and a church that generates as estimated 500 automobile visits a week; in addition, as the construction on the Harmony I-25 interchange begins this summer, additional traffic will use CR 7 to bypass the inevitable traffic slow downs caused by that construction. Mr. Ashley stated that he called County Engineer Marc Engemoen with this suggestion; Mr. Engemoen stated he and his staff were in contact with Connell to determine if working together this could be accomplished. Commissioner Disney cautioned Mr. Ashley that the Road and Bridge budget is very limited and is being used for maintenance only; he noted that a couple of years ago, they started the double chip seal program as a way to try and reduce the maintenance budget. Mr. Ashley stated that they might be adequate for this 1/2 mile in question.

Lynn Hilfers, representing a group of people, called in from Colorado Springs to address the Board about public access on County Road 6; she noted that this issue has been discussed with the Board previously by members of the Banderet family. Ms. Hilfers stated that she also owns property west of Berthoud and their only access is CR 6, which they always thought was a county road; she noted that the Banderets have 81 affidavits from different people indicating they also have always assumed CR 6 was a county road. Ms. Hilfers reminded the Board that a new development has gone in and some of the property owners have tried to block this access; Commissioner Clarke responded that when the County records were researched, it was determined that CR 6 is a County right-of-way which provides access to the property owners in the area. Commissioner Clarke stated that the Board has asked the County Attorney to pursue this, but the Board has not had an update from him for awhile; Commissioner Disney stated that the last he heard, the attorneys from both sides were getting together and trying to work out an agreement that was acceptable to everyone without having to go to court.

At this time County Attorney George Hass and Director of Facilities Dave Spencer joined the meeting and so Mr. Hass was asked for an update on this situation; Mr. Hass stated that discussion is appropriate for Executive Session. Ms. Hilfers asked when she will be informed of that discussion; as it came to light that Mr. James Martell is the attorney for Ms. Hilfers, Mr. Hass stated that he will keep Mr. Martell apprised of the discussion.

2. DOCUMENT REVIEW:

M O T I O N

Commissioner Clarke moved that the Board of County Commissioners approve Petitions for Abatement for the following: Atwood Auto Parts/Rocky Mtn. Wholesale; Maxey Mfg. Co. Inc.; Mat Auto Emissions; Charles L. Cavness; Nicks Auto Service & Towing; Amanda Hargis; Gethmann Const. Co. Inc. (2 copies); Kenneth R. & Patricia A. Boner; Cotton L. & Karen I. Riley; Allen A. & Marcia V. Page; Cynthia O'Halloran; Elizabeth A. McCoy; Ft. Collins Fitness & Tennis, Ltd.; Hugh D. & Sue A. Campbell; William & Regina G. Benton; and Kenneth E. Deline.

Motion carried 3 - 0.

M O T I O N

Commissioner Clarke moved that the Board of County Commissioners approve the following documents as listed on the Consent Agenda for Document Review for March 30, 1998.

MISCELLANEOUS DOCUMENTS: Final Plat for Levi Acres MRD; and Vision Service Plan. LIQUOR LICENSES: Licenses were issued to: Dorothy's Catering - 6% - Loveland, CO.; and Aspen Lodge - 6% WITH OPTIONAL PREMISES - Estes Park, CO. County approval for renewal of licenses was granted to: Fox Acres Country Club - 6% - Red Feather Lakes, CO.; Bob's Liquor - 6% - Fort Collins, CO.; and White Buffalo - 6% - Loveland, CO; and a Waive of Hearing for CHANGE OF OWNERSHIP for European Taste, Inc. - 6% - Estes Park, CO.

A98-49 CONSULTING SERVICES AGREEMENT BETWEEN THE BOARD

OF COUNTY COMMISSIONERS AND ED BALDWIN

(Construction of new Courthouse, the Jail Facility, and the Loveland

Sub-Courthouse Remodel; and the new Sheriff's facility)

A98-50 AGREEMENT CONCERNING LANDSLIDE INVESTIGATION ON

COUNTY ROAD 23 BETWEEN THE BOARD OF COUNTY

COMMISSIONERS AND KAREN D. & JAMES F. SEETON

(To provide a temporary easement)

A98-51 TRASH REMOVAL AGREEMENT BETWEEN THE BOARD OF

COUNTY COMMISSIONERS AND GALLEGOS SANITATION, INC.

A98-52 COOPERATIVE LAW ENFORCEMENT AGREEMENT BETWEEN

THE BOARD OF COUNTY COMMISSIONERS AND U. S. FOREST

SERVICE (1998 Annual Operating and Financial Plan)

C98-11 CONTRACT BETWEEN THE BOARD OF COUNTY

COMMISSIONERS AND LAIDLAW ENVIRONMENTAL SERVICES

(Household Hazardous Waste Program)

C98-12 CONTRACT CHANGE LETTER TO CDBG #97-752 BETWEEN THE

BOARD OF COUNTY COMMISSIONERS AND THE STATE OF

COLORADO (Change to Extend the Time of Performance)

Motion carried 3 - 0.

M O T I O N

Commissioner Clarke moved that the Board of County Commissioners go into Executive Session at 9:30 a.m. to discuss contract negotiations pertaining to land acquisitions and to obtain legal advice regarding pending litigation.

Motion carried 3 - 0.

The Executive Session ended at 10:40 a.m.; no action taken.

___________________________________________

CHERYL OLSON, CHAIR LARIMER COUNTY

BOARD OF COMMISSIONERS

MYRNA J. RODENBERGER

LARIMER COUNTY CLERK & RECORDER

( S E A L )

ATTEST:

__________________________________________

Sherry E. Graves, Deputy County Clerk